Objects of administrative litigation and permission of the competent authority for the establishment and change of articles of incorporation of nonprofit incorporated foundation

Under the legislation that takes the principle of permission for the establishment and amendment of articles of incorporation of a non-profit foundation, permission of the competent authority for the establishment or amendment of articles of incorporation of a non-profit foundation cannot be asserted as to whether such permission belongs to the free discretion of the competent authority due to its nature.

Articles 32, 45, and 42 of the Civil Act

Supreme Court Decision 79Nu248 delivered on December 16, 1979 (No. 627, No. 12553 delivered on December 16, 197)

The Foundation for the Maintenance of Sicheon-gu Foundation

Minister of Culture and Publication

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

The defendant's non-approval on July 7, 197 against the application for amendment under Article 24 of the Articles of Incorporation of the Foundation of the plaintiff shall be revoked. Litigation costs shall be borne by the defendant.

The gist of the plaintiff foundation's assertion is that the plaintiff foundation is a non-profit foundation established on July 24, 1970 with the permission of the defendant who is the competent authority to maintain and operate the Sincheon School with a view to enhancing the creative idea of the Sincheon School, which is a Sincheon School, and the plaintiff foundation is entitled to hold a board of directors on May 21, 197 in accordance with the amendment method of the articles of incorporation stipulated in Article 25 of the plaintiff foundation's articles of incorporation, and with the consent of at least 2/3 of the employed directors, "if the corporation is dissolved, its residual property shall belong to the Docheon School Maintenance Foundation with the approval of the Minister of Culture and Arts" in Article 24 of the articles of incorporation, which provides that "if the corporation is dissolved, its residual property shall be donated to the State or a corporation or organization similar to the corporation, with the approval of the Minister of Culture and Publication, and the defendant applied for permission to amend the articles of incorporation on July 27, 1977."

However, according to Article 32 of the Civil Act, a nonprofit foundation may become a corporation with permission from the competent authority. According to Articles 45(2) and 42(2) of the same Act, any amendment to the articles of incorporation of a nonprofit foundation shall be null and void without obtaining permission from the competent authority. The fundamental principle of permission for the establishment or amendment of the articles of incorporation of a nonprofit foundation is adopted. Under the system that employs the principle of permission, permission from the competent authority for the establishment or amendment of the articles of incorporation of a nonprofit foundation shall be limited to the discretion of the competent authority, and the permission from the competent authority for the establishment or amendment of the articles of incorporation of a nonprofit foundation shall not be disputed as to whether such permission or amendment of the articles of incorporation of a nonprofit foundation is

Therefore, the lawsuit of this case is unlawful and dismissed, and the costs of lawsuit are assessed against the losing plaintiff. It is so decided as per Disposition.

For the purpose of this Act, a judge's regular succession (Presiding Judge)