beta
(영문) 서울고등법원 2020.11.27.선고 2020누43199 판결

학교폭력조치결정처분취소청구의소

Cases

2020Nu43199 Action Action Action Action Revocation Action

Plaintiff Appellant

A

Since it is a minor, the legal representative B and C

Attorney Lee J-jin, Counsel for the defendant-appellant

Attorney Park Jong-soo et al.

Defendant Elives

D Middle School Heads

The first instance judgment

Seoul Administrative Court Decision 2019Guhap76474 decided May 21, 2020

Conclusion of Pleadings

2020, 10,23

Imposition of Judgment

November 27, 2020

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant shall revoke on July 30, 2019 30 hours of special education provided to the plaintiff on July 30, 2019 and ten days of suspension of attendance.

Reasons

1. cite the reasoning of the first instance judgment;

The contents of the Plaintiff’s assertion at the trial court are not significantly different from the allegations at the trial court. However, even after examining the Plaintiff’s assertion together with the evidence submitted by the Plaintiff at the trial court and the trial court, the fact-finding and decision at the trial court are justifiable. Therefore, this court’s reasoning is the same as the reasoning of the judgment at the trial court, except for the following parts to be cited or deleted, and thus, this court shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Article 17 (1) 1 of the Act, Article 17 (2) of the Act, "Article 17 (1) 2 of the Act," "Article 17 (5) of the Act," "Article 17 (1) 5 of the Act," "Article 17 (6) of the Act," "Article 17 (1) 6 of the Act," "Article 17 (1) 6 of the Act," "Article 17 (1) 6 of the Act," "Article 17 (1) 1 of the Act," "Article 17 (1) 1 of the Act," "Article 10 (1) of the Act," respectively, shall be construed as "replacement of class".

○ Heading 3, 7, 12, 11, 9 through 17, 12, 12, 12, 12, 12, 12, 18, 12, 13, 17, 17, 14, 2, 14, 14, 2, 8 (1), 8, 11 (3), 18 (4), 15, 15, 3 (5), 12, 12 (6), 17, 20, 16, 7, 15, 7, 7, 8, 16, 8, 14, 8, 8, 8, 11, 18, 18, 18, 18, 3, 15, 12, 12, 16, 20, 20, 20, 20, 17, 16, 16, 5, 1, 5, 6, 7, 7, 7, 7, 1, 7, 7,"

○ There shall be 15 pages 16 of the judgment of the first instance court in the form of "the main points" to "the main points".

2. Conclusion

The plaintiff's claim is dismissed as it is without merit. The judgment of the court of first instance is just with this conclusion, and the plaintiff's appeal is dismissed as it is without merit.

Judges

The presiding judge, the senior judge;

Judges Lee Jin-hee

Judges Kim Gin-han

Note tin

1) However, the plaintiff withdrawn the absence of a reason to dispose of Rotterdam in the court of first instance, and except this, the plaintiff is significantly different from the argument in the court of first instance.

this provision.

심급 사건
-서울행정법원 2020.5.21.선고 2019구합76474