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1. All plaintiffs' lawsuits are dismissed.
2. The costs of the lawsuit shall be borne by C and Plaintiff B.
Reasons
1. Details of the disposition;
A. The Plaintiff educational foundation was a school foundation established on October 28, 2003, and established D University on April 8, 2004 (hereinafter “instant university”). On September 1, 2004, the instant university was opened on September 1, 2004.
Plaintiff
B is the chief director of the Plaintiff Educational Foundation.
B. From October 8, 2012 to November 23, 2012, the Board of Audit and Inspection determined that: (a) during the process of auditing “the actual condition of the implementation of creative education policies”, the pertinent university provided credits and degrees; (b) unjustly granted credits and degrees; and (c) committed unlawful acts, such as exaggeration and false disclosure of the results of securing legal teachers; and (d) sent a “written request for disposition of audit and inspection results” to the Ministry of Education.
C. The Ministry of Education received the above request for disposition from the Board of Audit and Inspection, and conducted an on-site investigation into the Plaintiff educational foundation and the instant university from May 9, 2013 to May 10, 2013. As a result, the Ministry of Education determined that: (a) the Plaintiff’s educational foundation purchased land at its school expense and did not complete the registration of ownership transfer for four years and five months; (b) the acquisition of fundamental property for education without a resolution of the board of directors and did not report the acquisition to the competent agency; (c) the contribution for the purpose of the development of the school was revenue into the corporate accounting without a resolution of the board of directors; and (d) the remaining amount was managed as basic property for profit and did not transfer it to
On May 20, 2013, the Defendant sent a notice of disposition to the Plaintiff Educational Foundation on May 20, 2013, and ordered the Plaintiff to take corrective measures against illegal matters until July 20, 2013 (hereinafter “instant corrective order”). In the event of failure to comply with the order, the Defendant was able to take measures according to the Higher Education Act, etc. (e.g., cancellation of approval of officers, suspension of recruitment, reduction of number of employees, closure of schools, etc.).
E. On June 20, 2013, the Plaintiff Educational Foundation issued the instant corrective order.