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(영문) 서울고등법원 2015.02.06 2014나23845

서면사과처분무효확인

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 2-2, Gap evidence 3, and Eul evidence 1:

The defendant is an educational foundation that operates the F Middle School in Seongbuk-gu Seoul, and the plaintiff was a first-class and third-class student of the above middle school at the time of this case.

B. On March 29, 2013, the F Middle School Violence Prevention and Countermeasures Act (hereinafter “Autonomous Committee”) established pursuant to the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”) opened a meeting on March 29, 2013 (hereinafter “instant meeting”) and requested the head of the F Middle School to take a written document and measures as stipulated under Article 17(1)1 of the School Violence Prevention Act against the Plaintiff on the ground that the Plaintiff insultings G, who is a student, using the term “Mok” on March 22, 2013. The F Middle School Head decided to take such measures (hereinafter “instant disposition”).

C. Accordingly, on April 1, 2013, the FII notified the Plaintiff of the instant disposition.

2. Summary of the Plaintiff’s claim

A. The Plaintiff is a social network service (SNS: Social Network Service) linked to Kakao Kakao, which is a mobile Kakao, developed by G, his own Kakao, Inc.

As the photographer used the expression “in the virtue,” the above-mentioned intention is asked, and the photograph posted on the photographer is similar, or G does not engage in any act falling under “school violence” under the School Violence Prevention Act, since G does not play “in the Nanae and Madrop”. The instant disposition is made on the premise that the Plaintiff is an aggressor student, and it is null and void due to substantive defects.

B. The instant disposition is sufficient, such as not investigating I and J, who were at the same site at the time of the instant case.