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(영문) 서울행정법원 2016.03.24 2015구합73132
특성화전문대학육성사업선정취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a school foundation that has established and operates B Female University under the Private School Act, and the Defendant is a specialized institution entrusted by the Minister of Education with the management and operation of “Specialized College Promotion Project” (hereinafter “instant project”).

B. On March 27, 2014, the Minister of Education directed the Defendant to submit a project plan by April 28, 2014, when distributing an implementation plan including the qualifications for application for the instant project (hereinafter “instant implementation plan”) to the domestic junior colleges, including those who wish to participate in the instant implementation plan.

The main contents of the instant implementation plan are as follows.

The period of project: 5 consecutive business (23 years) - Annual evaluation (23 years) and interim evaluation (2 years after the two-year evaluation) - Sanctions against universities or colleges which are designated as insolvent universities subject to application for the determination of whether to provide continuing support, are excluded from those subject to application (by separate standards) with serious and clear grounds for administrative sanctions, etc. - Persons subject to sanctions against universities or colleges which are deemed necessary to be included: The scope of members of universities or colleges, which are directly related to administrative affairs of the relevant universities or educational foundations at the time of occurrence of corruption, or which are deemed necessary to be included in such administrative affairs of the relevant universities or educational foundations, and other necessary matters: Criteria for unjust or unreasonable sanctions which are determined by the Business Management Committee: Formulation of a separate detailed criteria in the future for differential sanctions depending on the degree of illegality or corruption; and

C. Accordingly, the Plaintiff submitted a business application, etc. to the Defendant on April 9, 2014 and the 25th of the same month, and the Defendant, following the first business management committee meeting on June 25, 2014, selected B female as a specialized junior college type II college.

On the other hand, the first business management committee meeting of the above case was also prepared the sanctions criteria for the business of this case (hereinafter referred to as the "the sanctions criteria of this case").

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