1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant is a juristic person established by the Act on the Establishment and Operation of Public Interest Corporations (hereinafter “Public Interest Act”). Articles 16 and 18 of the articles of incorporation provide that the number of directors who are officers, including the chief director, shall be nine and the term of office shall be four years.

B. On December 16, 199, the Plaintiff was appointed as the president of the Defendant, and on November 15, 2003, the Defendant’s board of directors passed a resolution for the reappointment of eight directors including the Plaintiff and passed a resolution for the re-election of the Plaintiff as the president.

(hereinafter “Resolution of the Board of Directors on November 15, 2003”)

Article 5(2) of the Public Interest Act (Executives, etc.) (2) of the Act on November 25, 2003 shall take office with the approval of the competent administrative agency.

Pursuant to the resolution of the board of directors on November 15, 2003, the head of the Sung-dong Office of Education applied for the approval of eight directors including the plaintiff, as the resolution of the board of directors on November 15, 2003. However, the head of the Sung-dong Office of Education approves only the remaining seven directors except the plaintiff, and Article 5 (6) 5 of the Public Interest Act (executive, etc.) of the Public Interest Act (Article 5 (6) 6 of the Public Interest Act) for the plaintiff.

5. A disposition of non-approval of the appointment of a director (hereinafter “instant non-approval disposition”) was rendered on the ground that there were grounds for disqualification of an officer due to a person in whose case two years have not passed since the approval of the appointment of an officer was revoked pursuant to Article 14(2).

Accordingly, on February 13, 2004, the Defendant filed a lawsuit against the head of Sung-dong District Office of Education seeking the revocation of the instant non-approval disposition under the Seoul Administrative Court 2004Guhap4741, and on June 2, 2004, the Defendant rendered a judgment revoking the instant non-approval disposition on the grounds that the Plaintiff cannot be deemed to have a ground for disqualification for executive officers.

hereinafter referred to as the "pre-trial judgment of this case"

E. E. The head of the Sung-dong District Office of Education filed an appeal against the above judgment (Seoul High Court Decision 2004Nu12713, October 25, 2004).