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(영문) 서울고등법원 2016.08.18 2015누57378
시정명령 취소청구
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the participation in the appeal shall be borne by the Intervenor.

Reasons

Details of the disposition

The Plaintiff was admitted on March 1, 2006 and graduated on August 31, 2007 from E University (hereinafter referred to as the “instant university”) operated by the E University (hereinafter referred to as the “instant educational foundation”) as a master’s degree who was a master’s degree with special activities, gifted education, or gifted social education (hereinafter referred to as the “instant major”).

From October 8, 2012 to November 23, 2012, the Board of Audit and Inspection sent "written request for disposition of audit results to the Board of Audit and Inspection" to the Ministry of Education as a result of conducting an audit of "the actual condition of the implementation of creative education policy" to determine that the pertinent university unfairly grants credits and degrees, and that it commits unlawful acts, such as exaggeration and false disclosure of the results of securing statutory teachers. After the Ministry of Education conducted an on-site investigation with respect to the instant school juristic person and the instant university from May 9, 2013 to May 10, 2013.

On May 20, 2013, the Defendant issued a corrective order pursuant to Article 60(1) of the former Higher Education Act (wholly amended by Act No. 12036, Aug. 13, 2013; hereinafter “ Higher Education Act”) with respect to the instant school juristic person based on the said request for disposition by the Board of Audit and Inspection and on-site investigations by the Ministry of Education, and on the ground that the instant master’s degree was unfairly conferred upon the instant college, the Defendant’s disposition to order the revocation of the credits and master’s degree already granted to 198 graduates, including the Plaintiff (hereinafter “instant corrective order”).

[Reasons for Recognition] Facts without dispute, Gap's evidence Nos. 1, Eul's each entry of evidence Nos. 12 and 14, and the whole purport of the pleadings are as shown in attached Form 2 of the relevant Acts and subordinate statutes.

(1) The Gyeonggi-do Office of Education made a public notice on June 7, 2013 that the Defendant’s corrective order of this case and the suspension of personnel procedures are available to the schools under its jurisdiction.

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