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(영문) 수원지방법원 2019.10.29 2019나65085

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

(b).

Reasons

1. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420

An abbreviationd name established in the judgment of the first instance is also used below the same.

2. The plaintiffs asserted that the plaintiffs violated their right to study of the plaintiff A by making a decision on the preemptive action to suspend illegal appearance against the plaintiff A without any opportunity to state their opinions on June 22, 2017, without following the defendant's 1) E, P,O, and other teachers; 2) infringed the plaintiff's right to study by making a disposition to suspend attendance for three weeks on August 21, 2017; 3) infringed the plaintiff's right to study by making a disposition to suspend attendance for three weeks on August 21, 2017. 4) The plaintiff's assertion that the plaintiff A was involved in the investigation process of sexual assault crimes and other processes of the Committee on the Autonomy of Countermeasures against School Violence (hereinafter referred to as "the Committee on the Autonomy of School Violence"), and abuse their right, such as making a malicious speech against the plaintiff A, damaged the plaintiff's reputation, and fabricated evidence.

3. Determination

A. In general, in a case where a disciplinary action such as expulsion from school against a student is judged to be null and void due to a lack of legitimate grounds, the disciplinary action cannot be immediately deemed to constitute a tort, and where it is objectively evident that the disciplinary action, such as expulsion from school, intentionally, or by using the means of disciplinary action, cannot be deemed to constitute a ground for disciplinary action, such as expulsion from school, under the intent to find the student from school even though there are no grounds for such disciplinary action, or where it is objectively obvious that the facts constituting the ground for such disciplinary action, such circumstance cannot be deemed to constitute a ground for disciplinary action such as expulsion from school, and it is evident that the exercise of the right to disciplinary action, such as expulsion from school, cannot be accepted in our sound social norms and social norms.