전학처분취소
1. Revocation of a judgment of the first instance;
2. The Defendant’s transfer disposition against the Plaintiff on May 9, 2016 is revoked.
3...
1. The court's explanation concerning this part of the grounds for the decision of the court of first instance is the same as the corresponding part of the reasons for the decision of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
2. Judgment on the main defense of this case
A. The Defendant’s assertion that the Plaintiff had already transferred to another school. The instant disposition was deleted in school life records after the lapse of two years after the Plaintiff graduated from high school or graduated from high school. Thus, the instant lawsuit is unlawful as it has no interest in lawsuit.
B. There is a benefit in legal action in cases where the effect of the determination has ceased even if the disposition was already executed and the revocation thereof has become extinct.
Article 25 of the Elementary and Secondary Education Act provides that the principal of a school shall comprehensively observe and evaluate the academic achievement, personality, etc. of the student and make it available for the guidance of the student and the selection of the students of higher schools to prepare and manage school records including school records, matters to be resolved, behavioral characteristics, and comprehensive opinions, etc. According to the Enforcement Rule of the Elementary and Secondary Education Act pursuant to the delegation by the above Act, the measures taken against the aggressor student under Article 17 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “Act on the Prevention of Violence in Schools”) shall be entered in the “matters to be resolved” in the school life records, and the “act characteristics” in the “act on the Prevention of and Countermeasures against Violence in Schools” (Article 21(1)3 and 6), and the head of a school shall delete the school after two years from the date of graduation of the student, taking into account the degree of reflection of the aggressor student and the degree of positive changes in action.
(Article 24 (3) 1 of the Enforcement Rule of the above Act). In addition, Article 30-6 (1) 2 of the Elementary and Secondary Education Act intends to use it for the selection of students to enroll in higher schools without the consent of the relevant student (such as his/her parents).