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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Details of the disposition
L (hereinafter referred to as “L”) is a school foundation which establishes and operates a M University, and the Plaintiffs are currently or formerly engaged in L’s chief director, director, or auditor.
Pursuant to Article 29(1) of the former Government Organization Act (amended by Act No. 12114, Dec. 24, 2013) effective on March 23, 2013; and Article 3 of the Addenda, the Minister of Education, Science and Technology succeeded to the human resources development policies, school education, lifelong education, and academic affairs among the duties of the Minister of Education, Science and Technology; hereinafter “Defendant”) of the Ministry of Education, Science and Technology (hereinafter “Defendant”) to conduct a specific audit on L and M&A from January 7, 2013 to January 25, 2013.
(hereinafter “The instant specific audit”). On March 14, 2013, the Defendant pointed out 12 items, including “Embezzlement of school expenses accounting funds and partial transfer of universities, and false holding of the board of directors,” as indicated in the following disposition list, and took measures as a result of a specific audit that requires correction (hereinafter “disposition as a result of the instant specific audit,” and then separately took measures against the Plaintiffs related to the pertinent matters on a yearly basis.
In addition, L’s founders embezzled total of KRW 58,240,00 for payment of false wage to two borrowed-name accounts, including N, etc. on January 2, 2007 through 770 times from January 2007 to August 2012, 2012 by embezzlement of total of KRW 40,307,317,00 for personal use and other university establishment expenses. However, L’s founders embezzled funds of KRW 40,307,317,00 for embezzlement of funds for school expenses and partial transfer of universities (the embezzlement of funds for school expenses) and embezzled funds for personal use and other university establishment expenses, etc. The audit continued to have been made.