학교법인의 이사선임에 관한 학교 구성원들의 법률상 지위

Abstract

This article is about the legal status of school members in the private school. The board of directors is the private school's sole decision-making agency and business executive agency. Therefore, school members realize their legal status to private schools by participating in the selection process for directors. This article outlines the selection process for directors of a private school and introduces an open director system introduced in 2007 to allow school members to participate in board appointments. Next, this article reviews legal cases on the legal qualifications to contend for being a board member of a private school. The recent Supreme Court decision 2012 Da 19496,19502 ruling said that the professors' association and the student council were entitled to a lawsuit to fight the administrative office's appointment of directors. This article analyzes the above judgment in detail. According to the ruling, the open director system is a system that guarantees school members the right to participate in school management. After the introduction of the open director system, school members will be recognized for their legal interests in competing for the board of directors of private schools. The purpose of this ruling should apply not only to administrative litigation but also to civil litigation claiming the nullification of the decision to appoint a director. This is because the open director system originally guaranteed the right of school members to participate in the selection process of the Board of Directors. Finally, the article proposed a representative lawsuit of a non-profit corporation by legislation and examined whether school members were qualified to file a representative suit.