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(영문) 서울고등법원 2014.06.19 2013누28536
임원취임승인취소처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, as a director of a school juristic person B (hereinafter “B”), served as the chief director from around 2001 to left office on March 18, 2012, and only maintained the position of directors.

B. From June 13, 2011 to June 24, 2011, the Defendant conducted a comprehensive audit with respect to C universities established and operated by B and B (hereinafter “instant audit”), and notified the Plaintiff of the result of the audit of the following contents, including the Plaintiff’s demand for warning, etc., on October 27, 2011.

List of persons subject to status measures and details of administrative and financial disposition;

1. Overallly divided administrative measures (nameed administrative measures) disciplinary measures (in total) - 21 minor disciplinary measures (in total) - 4 - 3 849,804 C colleges - 2 minor disciplinary measures 15 65 284 minor disciplinary measures (in total,000 won) - 3 849,804 C colleges 15 65 284 minor disciplinary measures (in total, 144,509 minor disciplinary measures) 3 minor disciplinary measures 17 6286 corrective measures 21194,313;

2. B

(a) Measures for status: One director and the chairperson of the board of directors and the plaintiff, who disposition of the name and pointed out in the title of four positions;

1. Other improper measures for failing to implement the disciplinary action against teachers and staff;

2. Voluntary disposal of fundamental property for profit (including improper disposal No. 1);

3. improper disbursement of school expenses for corporation contributions (including 1);

5. Improper composition, such as a new teacher recruitment examiner (including one).

6. Inappropriate appointment, such as appointment for promotion of teachers (including 1);

7. Reappointment of contracting teachers (including improper matters, including 1);

8. Inappropriate warnings, such as improper promotion of general staff (including No. 1); 11. Revenue processing for a corporation with contributions to school expenses; 24. The detailed audit results and dispositions for each individual intellectual content of the Plaintiff are as shown in the attached Form.

C. On November 25, 201, as the president of B, the Plaintiff, as the Defendant on November 25, 201, demanded a preservative measure of KRW 806,715,000 for basic property for profit (attached Form 2.), ② The Plaintiff’s secretary-general of the school foundation E out of the above KRW 806,715,00 for profit amounting to KRW 257,510,00 for the above KRW 806,715,00.

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