학교법인 정상화 과정에서 이사선임처분의 취소를 구할 법률상 이익 : 대법원 2015. 7. 23. 선고 2012두19496, 19502 판결

초록

In this case, the issue was whether the open-type director recommendation committee, faculty council, general student council, and labor union of a university operated by a school foundation had legal interest in challenging the appointment of directors when the minister of education appointed directors after deliberation by the private school dispute mediation committee in the process of normalizing the school foundation under the Private School Act. The Supreme court dismissed the lawsuit against the open-type director recommendation committee for lack of party capacity and the labor union for lack of legal interest in contesting the decision, but recognized the legal interest of the faculty council and the general student council to contest the decision, as the Private School Act, the Basic Education Act, and the Higher Education Act stipulate the open-type director system, participation of faculty members and students in school management, and the organization of faculty and student councils, thereby concretizing the autonomy of education and universities as stipulated by the Constitution. While the purpose of this judgment, which expands plaintiff eligibility by broadly interpreting relevant laws and regulations based on fundamental constitutional rights, is reasonable, it is somewhat disappointing that the this judgment did not clearly specify ‘relevant laws and regulations’. It is hoped that the meaning of the ‘relevant laws and regulations’ that are the basis for determining legal interests will be clarified and the scope will be gradually expanded to further expand plaintiff eligibility.

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