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(영문) 서울행정법원 2016.12.15 2016구합50037
환수처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was established on November 22, 200 and operated the Digital Seoul Culture and Arts University (hereinafter “instant University”), and the Defendant is a juristic person established pursuant to the Act on the Establishment, etc. of the Korea Student Aid Foundation (hereinafter “the Scholarship Foundation Act”), which manages school expense support projects entrusted by central administrative agencies, etc.

B. On November 25, 2011, the Ministry of Education (Ministry of Education at that time) established the “Plan for the National Scholarship Project (Plan)” in 2012 to alleviate the burden of registration fees, and the Defendant publicly announced the “Implementation Plan for the National Scholarship Project (Plan)” in 2012, which includes the following matters:

(hereinafter “instant national scholarship project”). In the public announcement in 2013, income decentralization, subsidy amount, etc. was partially modified.

Ⅲ In order to substantially alleviate the burden of the enrollment fees of low-income groups below the third-class level of income subject to the category I national scholarships, universities eligible for support of a certain rate by income class (4.5 million won) - students eligible for support such as schools referred to in each subparagraph of Article 2 of the Higher Education Act - university students eligible for support, etc. under the subparagraphs of Article 2 of the Higher Education Act - students eligible for support, etc. at universities and colleges below the third degree of income of domestic universities having the nationality of the Republic of Korea ( selection procedures), after receipt by the Korea Student Aid Foundation from the Korea Student Aid Foundation, (2) after receipt by the Korea Student Aid Foundation, (3) inquire into the income portion through the National Pension Corporation, (4) after compiling the list of university scholarship students, the list of university scholarship students shall be given preferential reduction or exemption on the list of university enrollment fees (payment method).

I. Summary of the national scholarship;

4. The scope of support (I) for each semester of income - the scope of enrollment fees within the scope not exceeding the enrollment fees from a maximum of 4.5 million won per year: admission fees, tuition fees, dues for school supporting association (including those not collected);

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