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(영문) 서울행정법원 2011.07.21 2011구합7038
재정결함지원금반납고지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is an educational foundation under the Private School Act established for the purpose of conducting specialized education concerning secondary education and higher education, etc.

B. The Plaintiff’s board of directors (hereinafter “the deceased”) on February 24, 2009 by the same year, which is the husband of C, the president of the board of directors

3.1.Divisions has decided to appoint the principal of the B School.

On March 5, 2009, the Plaintiff reported to the Defendant on the appointment of the principal pursuant to Article 54(1) of the Private School Act, and the Defendant accepted it.

C. On March 31, 2009 and April 5, 2010, the Plaintiff filed an application with the Defendant for payment of subsidies for financial deficiencies, including personnel expenses of the Deceased.

The Defendant remitted the financial defective subsidy upon each of the above applications to the school accounting account account account account of B, and the Plaintiff reported to the Defendant the details of the settlement of the financial defective subsidy containing the details of the payment of the deceased’s benefits.

The Deceased died on July 28, 2010 while he/she was in office as the principal of a school B.

E. On December 24, 2010, pursuant to Article 9(2) of the Seoul Special Metropolitan City Ordinance on Financial Support for Private Schools (hereinafter “instant Ordinance”), the Defendant notified the Plaintiff that “the Plaintiff would return KRW 108,753,120 (hereinafter “instant subsidy”) paid as personnel expenses of the Deceased, as corporate accounts, for the reason that “the Plaintiff would have appointed the Deceased, a spouse of the president, as the principal of the school without the Defendant’s approval, as the principal’s permission, and received the personnel expenses of the Deceased as a financial defect subsidy although he did not have effect,” the Defendant would return the financial defect subsidy paid as the personnel expenses of the Deceased from March 1, 2009 to July 26, 2010 (hereinafter “instant Ordinance”).

(hereinafter referred to as the "disposition of this case"). 【No dispute exists, Gap evidence 1, 2, Eul evidence 3-1, 2, Gap evidence 6, 7, Gap evidence 14-1 through 6, Gap evidence 15-1, 2, 3, Gap evidence 16-1 through 6, Gap evidence 17-1, 2, Gap evidence 18-1 through 4, Gap evidence 23, Eul evidence 25-1, 25-2, Eul evidence 3-1, and 2-2.

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