학교법인 임시이사의 선임 및 권한에 관한 연구

Abstract

Corporation and Foundation essentially need director all the time. So Civil Law has articles about the system of provisional directors for the vacant situation of board of directors. And Private School Act has the articles too. The government has to nominate the provisional directors when some facts which the Private School Act regulates has occurred. The government nominates the provisional directors by himself or by demand of who has interests. And the government has to nominate the provisional directors if specific matters occur, through the deliberation procedure of dispute mediation committee. Even though the government has a considerable discretionary authority on nominating the provisional directors, he should judge very strictly and restrictively whether the matter to nominate the provisional directors occurs or not. Because the nominating provisional directors violates the independence of educational Foundation and private school. On the other hand private school act has not the articles about the right of provisional directors. For that reason, there is a view that the provisional directors of educational foundation has not the same authority as the authority of directors in civil law. But this view is not good for normalization and development of educational foundation in confusion. We need to regard the authority of provisional directors of educational foundation is equal to the authority of directors in civil law for the purpose of normal running and developing educational foundation and for the purpose of prompt normalization.