1. The defendant's appeal is dismissed.

2. The defendant bears the total costs of the lawsuit after the filing of the appeal.

purport, purport, and.

Details of the disposition

The reasoning for this part of this Court is as stated in the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

It is as shown in the attached Form of the relevant statutes.

The non-existence of the grounds for disposition regarding the disposition of this case by the plaintiffs as to legitimacy of the disposition of this case is not recognized as the grounds for disposition of this case by the defendant under Article 20-2 (1) 2 of the Private School Act.

Even if the grounds for the disposition regarding the instant disposition are acknowledged, since the Defendant did not implement the deliberation result of the Private School Dispute Mediation Committee (hereinafter “Mediation Committee”) and the operation of the D Council is difficult, the Defendant’s disposition without considering such circumstances is in violation of the principle of proportionality and is thereby in violation of the discretionary authority.

Judgment

Article 20-2(1) of the Private School Act provides that “When a dispute between executives causes a serious obstacle to operating the school due to a dispute between executives (Article 20-2(1))” etc. may be revoked approval of taking office of a school juristic person by the competent agency.

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 the disposition of cancelling taking office approval shall be deemed to exist, unless there is a justifiable reason not to mislead the relevant officer of the breach of duty related to the occurrence of such cause.

Supreme Court on December 2017