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(영문) 대법원 2017.12.28 2015두56540
임원취임승인취소처분취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. On the grounds for revoking the approval of taking office

A. Article 20-2(1) of the Private School Act provides that “When a school juristic person violates the provisions of the Private School Act or the Higher Education Act or fails to comply with orders issued thereunder (Article 1) or when a dispute between executives causes a serious obstacle to school operation (Article 20-2(1)),” etc. may revoke approval for taking office of a school juristic person.

In the event of such a cause, the competent agency may request the school juristic person to correct the cause and grant the officer an opportunity to resolve the dispute and normalize the operation of the school, and if the officer fails to comply with the request for correction, it may cancel the approval of the appointment of the officer concerned.

(See the main text of Article 20-2(2) of the Private School Act. If an objective fact is found that a cause under Article 20-2(1) of the Private School Act has occurred, the reason for disposition of cancellation of taking office should be deemed to exist, unless there is a justifiable reason not to mislead the relevant officer into the failure to perform his/her duties related to the occurrence of such cause.

Likewise, Article 20-2(2) of the Private School Act also provides that if a school juristic person upon receipt of a request for correction fails to correct it, the requirement for revocation of approval of taking office is satisfied, and that it simply makes the best efforts to correct it does not conform to the purport of the language and text. Thus, such circumstance is merely an element for determining whether the approval of taking office is abused or abused discretion.

(See Supreme Court Decision 2006Du19297 Decided July 19, 2007). B.

However, the lower court, even if there were grounds for revoking the approval of taking office under Article 20-2(1) of the Private School Act, this is also the Defendant.

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