사립학교법에서 설립자의 학교법인 재산에 관한 법적지위

Abstract

Private school is established by educational foundations which is founded by founder. Even though the private school is established by the property which is donated by founder, the founder does not have any legal rights to the property. But the private property rights regulated by the constitution, so the founder’s rights on the school juristic person property should be protected as much as possible. The founder exercises his rights of property through appointment of member of board directors and operating private school, and dispose his property through transferring authority on operation of the school juristic person. So the management rights to the school juristic person should be guaranteed as much as possible and transferring the rights to manage the school juristic person should be permitted. On the other hand school has strong public concern. So the management rights can not guaranteed without any restriction. The competent authorities can cancellate the approval of the directors’ inauguration, appoint provisional director, and appoint formal director. But The competent authorities have to respect the founder’s wishes when they execute them for the guarantee of the founder’s private property rights.