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(영문) 서울고등법원 2017.07.13 2015누71749
정원감축처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Details of the disposition

The plaintiff is a school juristic person that establishes and operates a B University.

From January 7, 2013 to January 25, 2013, the Defendant issued an order to the Defendant to report the result of measures taken by the Plaintiff by May 15, 2013, when the Defendant pointed out 20 items, such as embezzlement of school expenses accounting funds and illegal use, and issued a specific audit to the Plaintiff on March 14, 2013.

On August 26, 2014, the Defendant issued a disposition to reduce 5% of the fixed number of admission of B University in 2015 to the Plaintiff on the ground that the Plaintiff did not take four administrative measures, financial measures (24 billion won recovery), social status measures (c, D, E, etc.) and three measures in relation to the matters pointed out in the above specific audit and inspection.

(hereinafter referred to as “instant disposition.” Among them, administrative and financial measures that the Plaintiff did not implement are as listed in the attached Table.

[Ground of recognition] A. 2 and 3 evidence, the entire purport of the pleading, and the purport of the entire pleading, of the instant disposition, is being followed by a criminal trial against F with respect to the non-existence of the grounds for disposition by the Plaintiff as to the non-performance of the grounds for disposition as stated in the attached list No. 1 of this case, and the specific amount of embezzlement was not specified, but the part that ordered the Plaintiff to recover the total amount of the embezzled amount as stated in the indictment prepared by the Defendant to the Plaintiff and to take measures

In addition, from January 1, 2007 to August 31, 2012, the Plaintiff withdrawn KRW 9,139,220,608 from the Plaintiff’s corporate account to the Plaintiff’s corporate account, and deposited KRW 15,157 square meters into the Plaintiff’s corporate account. In the process of purchasing 15 parcels of land, including KRW 1,157 square meters before G, in order to use it as the school site, the Plaintiff returned KRW 15,835,719,608 in excess of the amount of money deposited by the Plaintiff’s corporate account.

The defendant takes into account these circumstances.

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