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| TITLE | Supreme Court Decision 2021Du39362 Decided October 14, 2021 【Revocation of Appointment of Formal Directors】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Whether the director of the school foundation whose term of office has expired is granted the right to deal with urgent matters, whereby he or she is allowed to perform the previous duties until the succeeding director is appointed (affirmative in principle), and whether the foregoing right to deal with urgent matters includes the power of ? appointment of the succeeding formal director (affirmative) In a case where the competent administration office makes the appointment of the formal director pursuant to Article 25-3 of the former Private School Act, whether it can exercise the right to appoint the formal director over the vacancies of the entire fixed number of directors without regard to the right to deal with urgent matters exercised by the retiring formal directors (affirmative) [2] Whether administrative rules that stipulate internal instructions to the staff or the standards of interpretation and application of an Act are externally binding (negative), and whether the legality of a disposition can be determined in accordance with the conformity of the said disposition with administrative rules (negative) [3] Whether the competent administrative agency must respect the opinions of the previous formal director when exercising the right to appoint the formal director pursuant to Article 25-3 of the former Private School Act, and if so, the limitation thereof | |
