학교법인 임시이사의 권한 : 상지학원 사건을 중심으로

Abstract

The supreme court gave an eccentric decision: it becomes ineffective for the extraordinary board of directors to appoint directors(2006Da19054). According to majority opinion of the supreme court, the former director has the judgment usefulness to dispute the validity of the extraordinary board to appoint directors. And the majority opinion has decided that the appointment of directors by the extraordinary board of directors was void: they do not have broad powers to manage the school foundation and only the ordinary board of directors may well appoint the directors. I have researched on the second theme with a critical eye. The identity of the school foundation is not maintained by such directors, but the certificate of incorporation. The directors are only so much the artificial organ of the foundation and slightly different from the extraordinary directors in connection with the subject of the assignment. There is not the rule to distinguish between the powers of the ordinary board and the extraordinary board of directors. Finally the extraordinary board of directors might well appoint the directors, and this validity should maintain so far as that appointment is permitted by the Ministry of Education & Human Resources Development.