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(영문) 광주고법 1967. 4. 4. 선고 67구1 제1특별부판결 : 상고
[이사장취임인가처분취소청구사건][고집1967특,211]
Main Issues

Persons interested in administrative disposition and standing for parties;

Summary of Judgment

The chief director (director) of a school juristic person who is subject to the disposition of revocation of the approval of taking office of the school juristic person by the supervisory authority shall not be eligible to file a lawsuit of revocation of the approval, since the latter chief director (director) who is the supervisory authority is not an interested person directly infringed on his/her rights and legal interests

[Reference Provisions]

Article 205 of the Civil Procedure Act, Article 1 of the Administrative Litigation Act

Reference Cases

Supreme Court Decision 67Nu70 Delivered on July 4, 1967

Plaintiff

Plaintiff 1 and one other

Defendant

The Education Committee of Jeollabuk-do

Text

The request of the plaintiff, etc. shall be dismissed.

Litigation costs shall be borne by the plaintiff, etc.

Purport of claim

The administrative disposition that the defendant approved the appointment of Nonparty 1 as the chief director of the school juristic person of Nonparty 2 on July 30, 1967 shall be revoked.

Litigation costs shall be borne by the defendant.

Reasons

First of all, the plaintiff et al. of the defendant's attorney will examine the main defense that is not an interested party in this case.

In light of the contents of evidence No. 2 (Cancellation of Approval of Officer), which is presumed to have been genuine, and the testimony of non-party 3 and the purport of pleadings by the parties concerned, Plaintiff 2 is the chief director of the non-party 2, and Plaintiff 1 is subject to the cancellation of approval of the appointment of the above school juristic person as of March 24, 1966 on the ground that disputes between executives, accounting fraud and other significant unjust acts during the term of office of the same school juristic person could not achieve the purpose of establishment of the above school juristic person, and it is difficult for the court to appoint the above chief director and the director as of the above school juristic person as of March 24, 196, and it is difficult for the non-party 1 to directly recognize the appointment of the above chief director and the non-party 4 to act as the chief director as the non-party 5 chief director, and it is difficult for the non-party 1 to recognize the appointment of the above school juristic person under the name of the above school juristic person as to the non-party 1's appointment of the above.

Judges Kim Yong-dae (Presiding Judge)

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