The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. On the grounds for disposition taken to revoke approval of taking office

A. Article 20-2(1) of the Private School Act provides that “When a dispute between executives causes a serious obstacle to school operation (Article 20-2(1))”, etc., the competent agency may cancel the approval of taking office of a school juristic person.

In the event of such a cause, the competent agency may request the school juristic person to correct the cause and grant the officer an opportunity to resolve the dispute and normalize the operation of the school, and if the officer fails to comply with the request for correction, it may cancel the approval of the appointment of the officer concerned.

(See the main text of Article 20-2(2) of the Private School Act. If an objective fact is found that a cause under Article 20-2(1) of the Private School Act has occurred, the reason for disposition of cancellation of taking office should be deemed to exist, unless there is a justifiable reason not to mislead the relevant officer into the breach of duty related to the occurrence of such cause.

(see, e.g., Supreme Court Decision 2015Du56540, Dec. 28, 2017). (B)

The lower court determined, through the board of directors, that there was a reason to revoke the approval of taking office of this case, since a dispute between the directors in a position to deliberate and resolve on the major pending issues of the school juristic person, which led to a strike by the board of directors, and caused a serious obstacle to the operation of the school.

C. Examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court’s determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding the grounds for

2. As to abuse of discretionary power

A. The revocation of taking office under Article 20-2 of the Private School Act constitutes a discretionary act, and such a disposition deviatess from the scope of discretion under social norms.