학교법인 임원취임승인 취소 절차의 “시정요구”에 관한 연구

Abstract

The requirement for correction system in the procedure for revoking approval for appointment of officers under the Private School Law is intended to ensure the autonomy of educational foundations by correcting the reasons for the cancellation of approval by themselves. However, if it is clear that correction cannot be made, approval can be revoked without requesting correction. However, the law does not specify what correction is and what it means when it is clear that correction cannot be made. Even though this is possible it is a threat to the the autonomy of educational foundations by canceling the approval of inauguration without making a request for correction. In the meantime by analyzing cases in which the competent authority has requested correction and lower courts have judged the necessity of the request for correction the meaning of “correction.” in the The requirement for correction is to take measures to eliminate the consequences caused by the reason for cancellation and prevent recurrence. It is clear that correction cannot be made even if correction is requested means a case where it is impossible to remove the result caused by the reason for cancellation, or even if it is possible, the result of the act is timely and it is meaningless to remove it afterwards. The purpose of the legislation is to control the arbitrary withdrawal of approval by the authority by limiting the grounds for the cancellation of approval for the appointment of executives and making sure to request correction before the cancellation. It must fit the purpose.