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(영문) 대전고등법원 2019.06.12 2018누12389
임원취임승인신청반려처분 취소소송
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following cases, and thus, this case is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the judgment of the court of first instance, which was used after the dismissal, shall be deemed to be “ January 3, 2016” in the third 1st part of the judgment of the court of first instance as “ January 13, 2016,” “after the final and conclusive judgment” in the third 11st part, and “ October 10, 2017” in the said 11th part as “ September 29, 2017.”

The 5th to 12th day below the 5th day of the first instance judgment shall be as follows.

4. Whether the disposition of this case is unlawful

A. Article 1 of the Private School Act provides that “The purpose of this Act is to promote the sound development of private schools by securing the independence and promoting the public nature of private schools” (Article 1). The Private School Act provides that “The purpose of this Act is to promote the sound development of private schools by securing the independence of private schools and promoting the public nature of private schools” (Article 1), and that the board of directors of a school foundation shall deliberate and decide on the overall operation of a school foundation and a private school, such as appointment and dismissal of an officer, etc. (Article 16). (Article 20(1) provides that the appointment of an officer shall, in principle, be entrusted to a school foundation’s autonomy in order to secure the public nature of the appointment, etc. of an officer of a school foundation operating a private school (Article 22). In addition, the Private School Act provides that an officer of a school foundation who has been appointed by the board of directors of the school foundation shall obtain the approval of the competent agency (Article 20(2)), and that an approval of an officer of a school foundation may be cancelled if he violates the relevant provisions, or performs certain acts.

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