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(영문) 대전고등법원 2017.08.17 2017누11389
시정요구취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court’s explanation of this case is as follows, except as otherwise stated in Paragraph 2 below, since the defendant’s additional decision on the assertion that the defendant emphasizes again in the trial of the court of first instance is stated in the reasoning of the judgment of the court of first instance, it shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 4

2. The defendant asserts to the effect that the disposition of this case by the defendant cannot be seen as affecting the legal status of the plaintiff, because the plaintiff did not comply with the defendant's request for correction of the articles of incorporation, and there is no provision that imposes any sanction or disadvantage, etc., and thus, the disposition of this case is merely an "administrative guidance" which is not a "administrative disposition" which is the object of appeal litigation,

On the other hand, Article 20-2 of the Private School Act provides that the competent authorities may revoke the approval of the appointment of an executive officer of a private school under Article 20-2 of the Private School Act (Article 20-2 of the Private School Act). The instant disposition is a corrective order under Article 45(3) of the Private School Act, and the approval of the appointment of an executive officer of a private school may be revoked if the Plaintiff as a private school corporation fails to comply with the above corrective order.

Therefore, the instant disposition constitutes an administrative disposition that directly affects the Plaintiff’s legal status, which is subject to appeal litigation, as it constitutes an administrative disposition under the public law of the administrative agency that directly affects the Plaintiff’s legal status. Therefore,

3. In conclusion, the plaintiff's claim is accepted on the grounds of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.

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