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(영문) 제주지방법원 2017.08.16 2016구합5888

제명처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a student admitted to a literature college in 2010, and “the recruitment examination for public officials of Grade VII in the region of 2016” (hereinafter “the recruitment examination for national public officials of Grade VII in the region of 2016”) managed by the Ministry of Personnel Management.

As a result of the self-qualification examination conducted by B University on January 23, 2016 in order to select persons subject to recommendation, the same year shall apply for points equivalent to one of the relevant applicants, etc.

2. 16. 16. 16. At the same time, he was selected as the final person to be recommended in C, and at the same time he was eligible to apply for the instant recruitment examination (

B. On September 6, 2016, the President of B University requested the Defendant to make a resolution on disciplinary action against the Plaintiff on the ground of the Plaintiff’s criminal act (the details thereof are as shown in attached Table 1; hereinafter “instant criminal act”).

C. On September 20, 2016, the Disciplinary Committee affiliated with B University recognized that the Plaintiff actually committed the instant criminal act based on various evidence, including a written statement, etc., and, based on the fact that the instant criminal act causes social controversy and thereby, led to the failure of school honor, it decided to order the Plaintiff.

On September 26, 2016, pursuant to Article 86 of the School Regulations and Article 16 of the Regulations on the Support for Students of B University, the Defendant issued a disposition of expulsion against the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 (including additional number; hereinafter the same shall apply), Eul evidence 1 to 3, the purport of whole pleadings

2. Whether the instant disposition is lawful

A. In light of the purport of Article 22 of the Administrative Procedures Act and Article 15 of the Regulations on the Assistance to Students at Universities and Colleges, which guarantees the opportunity for the Plaintiff to submit opinions, the relevant system is formally directed to the parties involved in the submission of the relevant opinion.