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(영문) 대전지방법원 2016.12.08 2016구합100873
임원취임승인취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

A. The former School Foundation B (hereinafter “B”) is a school foundation that establishes and operates C University, D High School, E High School, and the Plaintiff is a director of B.

Directors B and their terms of office are as follows:

From March 25, 201 to March 21, 201, F 1: (a) filed an application for approval for reappointment on or around February 24, 2014; (b) filed an application for approval from March 29, 201 to March 28, 2014; and (c) filed an application for approval for reappointment from March 26, 2012 to March 4, 2015 to June 20 to June 20, 2015; and (d) the Defendant sent Plaintiff B’s urge to appoint an executive on or after the expiration of his/her term of office from February 26, 2015 to June 25, 2015 to June 20, 2015 to June 25, 2015 to June 26, 2015 to June 25, 2015 to June 25, 2015.

According to Article 24 of the Private School Act, the vacancy of the director should be filled within 2 months after the occurrence of the vacancy, so the vacancy will be filled as soon as possible during September.

* As a result of external legal advice from the Ministry of Education, the scope of participation of the director at the expiration of the board of directors in the emergency treatment right shall be minimized within the quorum of the board of directors set forth in the Private School Act. On October 26, 2015, the Defendant issued a notice to the B on the following matters:

Our Ministry has urged B to administer the normal operation of the board of directors, such as filling vacancies under Article 24 of the Private School Act, but B has not been implemented until now.

In addition, the board of directors in 2015 has caused serious obstacles to the operation of the school because important issues such as the appointment of teachers of the school to which he belongs and the settlement of accounts are not dealt with due to disputes between executives.

Accordingly, it is necessary to report the result after implementing the corrective measures until November 16, 2015, and if the corrective measures are not implemented within the deadline, it is necessary to cancel the approval of taking office in accordance with Article 20-2(2) of the Private School Act.

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