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(영문) 서울행정법원 2017.05.11 2016구합58086
환수처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Case history

A. The Plaintiff is an educational foundation that establishes and operates the Digital Seoul Cultural and Arts University (hereinafter “instant University”) established on November 22, 2000, and established pursuant to the Act on the Establishment, etc. of the Korea Student Aid Foundation (hereinafter “the Scholarship Foundation Act”). The Defendant is a legal entity that manages educational 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 referred to as the “instant national scholarship project”); Ⅲ. In order to substantially alleviate the burden of the enrollment fees of low-income groups below 3 minutes of income for the type I of national scholarship; - universities eligible for support for each income group on the basis of national or public annual average enrollment fees (4.5 million won) - students eligible for support for each income group under the subparagraphs of Article 2 of the Higher Education Act - university students eligible for support such as schools under the subparagraphs of Article 2 of the Higher Education Act - university students eligible for support for three minutes or less of the income of domestic universities having Korean nationality, and the method of selecting and paying (a selection procedure) at the Korea Student Aid Foundation (hereinafter referred to as the “Korean Student Aid Foundation”) upon receipt of the applicant; 2) inquire into the income level through the National Health Insurance Corporation; 3) comprehensively taking account of the academic information received from universities; and 4.2) notify each university of the list of national scholarship students on the university enrollment fees notice.

I. Summary of the national scholarship;

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

VI. Follow-up management

2. A person to be returned with a scholarship - voluntary retirement.

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