Text
1. Of the judgment of the court of first instance, the Defendant’s revocation of the appointment of each director on January 4, 2016 and January 20, 2016 shall be revoked.
Reasons
1. The reasoning of this court concerning this part of the grounds for disposition is as follows, and this part of the reasoning of the judgment of the court of first instance is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this court shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
In the first instance judgment, the first instance judgment No. 3, the first instance judgment No. 11 and the second instance judgment No. 12, “former Private School Act (amended by Act No. 14154, May 29, 2016; hereinafter the same)” (hereinafter the same) are deemed as “Private School Act,” and the second instance judgment No. 4, the second instance judgment “g.”
G. On January 6, 2016, the Plaintiff submitted a list of candidates for regular directors. On January 19, 2016, the Conciliation Committee decided to appoint T and U as full-time directors B.
Accordingly, on January 20, 2016, the Defendant notified the Plaintiff that the Mediation Committee decided to appoint the said two directors as directors. On March 2, 2016, the Defendant issued an approval for the appointment of directors with respect to the said eight directors (hereinafter “instant disposition”).
2. According to the Private School Act as to whether a lawsuit seeking the cancellation of notice of appointment of each director on January 4, 2016 and January 20, 2016 is legitimate, an executive of a school foundation shall be appointed at the board of directors as prescribed by the articles of incorporation, take office with the approval of the competent agency (Article 20(1) and (2)), and where it is deemed difficult for a school foundation to normally operate the school foundation because the school foundation fails to fill any vacancy in its directors, the competent agency shall appoint a provisional director upon the request of an interested party or ex officio (Article 25(1)1), and where it is deemed that the ground for appointment of a provisional director ceases to exist, an ad hoc director shall be dismissed and a director shall be appointed without delay after deliberation by the mediation committee, and the provisional director
(Article 25-3 (1). According to the above provisions of the Private School Act, the competent authorities must appoint temporary directors or regular directors directly when there are grounds for appointment of temporary directors or when it is deemed that the grounds for appointment of temporary directors have been resolved.