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(영문) 서울행정법원 2020.08.27 2019구합77743
임원취임승인취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

A school juristic person B (hereinafter referred to as “B”) is establishing and operating the C University, and the Plaintiff was appointed as a director B from February 2, 2005.

From February 13, 2017 to February 24, 2017, the Ministry of Education conducted a comprehensive audit of B and C University, and confirmed at least 40 intellectual property about the operation and management of school juristic persons.

Based on the audit results, on May 28, 2019, the Defendant issued a disposition to revoke the Plaintiff’s approval of taking office.

(hereinafter “instant disposition”). The grounds for the disposition are as follows:

Private School Act and Enforcement Decree of the same Act (including the Civil Act, the Financial Accounting Rules of private school institutions, the rules on special cases concerning the Financial Accounting Rules of private school institutions, which apply mutatis mutandis), including embezzlement of basic property for profit (1,200,000,000) for the reason of disposition, and the improper investment of corporate funds), particularly where it is evident that such matters cannot be corrected within the required period for correction under Article 9-2 (1) of the Enforcement Decree of the Private School Act, or where it is clearly confirmed by the auditor that the embezzlement of the property of the school juristic person, which constitutes a disposition [Embezzlement of profit-making basic property] under Article 20-2 of the Private School Act and Article 9-2 of the Enforcement Decree of the same Act [including embezzlement of 1,20,000,000 won for a 1,200,000,000 won for loans or 50,000, 000, 000, 600, 600, 600, 000, 000

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