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(영문) 서울행정법원 2014.12.11 2013구합64691
법인해산명령취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was a school juristic person established on October 28, 2003, and established A on April 8, 2004 (hereinafter “instant university”). The university of this case opened on September 1, 2004.

The Plaintiff is establishing and operating only the university of this case from then to now.

B. The Board of Audit and Inspection, from October 8, 2012 to November 23, 2012, 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; and (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.

(Attachment 1). (C)

The Ministry of Education received the aforementioned written request from the Board of Audit and Inspection to May 10, 2013, and conducted an on-site investigation into the Plaintiff and the instant university from May 9, 2013. As a result, the Ministry of Education determined that: (a) the Plaintiff purchased land at school expense and left it alone without completing the registration of ownership transfer for four years and five months; (b) the Plaintiff acquired fundamental property for education without the resolution of the board of directors; (c) the fact that the fact of acquisition was not reported to the competent agency; (d) the contribution for the purpose of the development of the school was returned to the corporate accounting without the resolution of the board of directors; and (e) the remainder was managed as basic

(attached Form 2). (d)

Based on the above written request for disposition and on-site investigation by the Board of Audit and Inspection, the Defendant sent a notice of disposition to the Plaintiff on May 20, 2013, and ordered the Plaintiff to take corrective measures against the illegal matters listed in the above B and C (attached Tables 1 and 2) (hereinafter “instant corrective order”), and if the Defendant fails to comply with such order, he/she may take measures pursuant to the Higher Education Act, etc. (e.g., cancellation of approval of officers, suspension of recruitment, reduction of the number of employees, school closure).

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