서울시 학생인권조례 무효확인 청구
1. All appeals filed by the plaintiffs are dismissed.
2. All of the plaintiffs' claims filed in the trial.
Basic Facts
【Facts without any dispute, Gap's 1, 2, 4, and 6 (including each number, if any)'s statements, the purport of the whole pleadings
A. The Defendant enacted and promulgated municipal ordinances on August 201, 201, and accepted the request for the enactment of municipal ordinances on the Seoul Students' Human Rights Ordinance with a joint signature of 97,000 residents residing in Seoul Special Metropolitan City, and on December 19, 201, enacted and promulgated the Seoul Special Metropolitan City Ordinance on Students' Human Rights Ordinance as of January 26, 201 through a resolution of the Seoul Special Metropolitan City Council on December 19, 201, following a resolution of the Seoul Special Metropolitan City Council on December 26, 2012.
(hereinafter “former Ordinance”). The parts related to the instant claim in the previous Ordinance prior to the amendment are as follows.
Article 9 (Freedom of Educational Activities Other Than regular curriculum) (1) Students shall have the right to freely choose educational activities other than regular curriculum, such as autonomous learning and after school.
(2) No school shall operate curricula arbitrarily or compel students to participate in any events within or outside the school.
(3) The head of a school or school personnel shall not compel students to undergo self-learning or after-school programs against their will, or shall not give any disadvantage to students on the ground that they have not participated in educational activities other than regular curricula.
(4) The head of a school and school personnel shall ensure that students' substantial options may be guaranteed by collecting opinions from students in educational activities other than regular curricula, such as after-school programs, and by developing and operating various programs.
Article 12 (Right to Realization of Compatibility) (1) Students have the right to realize their own identity in appearance, such as uniforms and hairs.
(2) The head of a school or school personnel shall not regulate the appearance, such as uniforms or hair, against the student's will.
Provided, That it may be limited to uniforms by school regulations.
Article 16 (Freedom of Maternity and Religious) (1) Students shall be world.