logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2018.04.13 2017누7642
임원취임 불승인처분 취소청구
Text

1. All appeals by the Plaintiff Intervenor are dismissed.

2. The costs of appeal shall be borne by the Intervenor.

Reasons

1. The reasoning of the court's explanation concerning this case is the same as that of the judgment of the court of first instance, except for the following cases, and thus, it can be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Part 6, the Plaintiff’s “Plaintiff” in Part 11 is changed to “A Q.”

Of the directors listed in the table Nos. 1 through 9 below Chapter 6, the Plaintiff’s “Director” among the directors listed in the table Nos. 1 through 9 is all dismissed as “A Q.”

Part 13, Part 18 shall add to the following judgments:

The Intervenor asserts that the instant disposition is an unlawful administrative act beyond its limit, since the Plaintiff’s appointment approval of the supervisory authority for an executive officer of a school juristic person, based on the Plaintiff’s own judgment, which is a school juristic person, for the purpose of its establishment, is merely a supplementary administrative act. The instant decision of the board of directors, which was held by the board of directors, is legitimate. The Defendant refused the instant application for approval by limited interpretation of the scope of the former director, which is recognized as the right to take emergency action despite such legitimate resolution of the board of directors. However, the instant disposition is exceptionally acknowledged only when the Plaintiff is not a director, but a juristic person is bound to suspend normal activities. Thus, if the term of office expires or resigned, it is not necessary for the Plaintiff to have the director whose term of office expires or resigned, or if it is possible to act as a normal juristic person, the Plaintiff’s appointment approval of the supervisory authority for an executive officer of the school juristic person, which is a school juristic person, to whom the right to take emergency action expires or resigned, it shall be deemed that the director naturally lose his/her right to perform his/her duties.

arrow