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(영문) 서울고등법원 2019.02.22 2018누68171
감사결과처리지시처분 취소 청구의 소
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

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the dismissal or addition of the following contents among the grounds of the judgment of the court of first instance, and thus, it is recognized in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

The Audit Regulations of the Office of Education of Seoul Special Metropolitan City (amended by Seoul Metropolitan City Education Directive No. 198, Oct. 19, 2018) shall be amended as the "Audit Regulations of the Office of Education of Seoul Special Metropolitan City (amended by Seoul Special Metropolitan City Education Directive No. 198, Oct. 19, 2018")."

The 5th page 3 of the 5th page "ex officio" means that "the defendant claims that the plaintiff is not eligible to be a party or the plaintiff, and thus, the plaintiff is first."

7. 7. 8. The following shall be added:

【5) The Plaintiff asserts to the purport that it is reasonable to affirm the legal capacity of a natural person of a private corporation as the Plaintiff, like Supreme Court Decision 75Da1048 Decided December 9, 1975 and Supreme Court Decision 2008Du9317 Decided June 24, 201.

However, it is difficult to view the above Supreme Court Decision 75Da1048 Decided 75Da1048 Decided a private legal entity's ability to be a party, and the above Supreme Court Decision 2008Du9317 Decided 208 Decided 2008Du9317 Decided 200 Decided 208 ruled that the scope of "parties, including school juristic persons or private school operators," which can institute an administrative litigation under Article 10 (3) of the Special Act on

Therefore, the plaintiff's above assertion is without merit.

A person shall be appointed.

2. The decision of the court of first instance is justifiable in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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