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(영문) 서울고등법원 2015.09.16 2015나12064

손해배상

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiffs are responsible for the total costs of the lawsuit after filing the appeal.

Reasons

1. The Defendant is a school foundation established under the Private School Act, and the Plaintiffs were students attending G University around April 2006, and Plaintiff C graduated from the G University around August 2008, Plaintiff A, and D around February 2009, respectively.

From April 4, 2006 to April 6, 2006, there was a conflict of opinion between the students belonging to the Election Commission of the General Students' Association and the election campaign headquarters that run for the election of the General Students' Association and the Defendant in relation to whether the students in 2 and 3 years were given the right to vote for the election of the General Students' Association incorporated into the Health and Science University of the G University.

On April 5, 2006, students, including the Election Committee of the Korean Election Commission of the G University and the Plaintiffs, visited the principal of the G University to deliver to the Minister of Students present at the school affairs committee opened on the third floor of the G University a document containing the contents of the request for recognition of voting rights to students in the health university 2 and 3th grade.

The student, including the plaintiffs, requested the principal to receive and communicate the above documents, but the principal refused the student's request. After that, the student, including the plaintiffs, requested the principal to receive the above documents, and the professor, including the principal, rejected the above documents, and was practically forced to detain the principal in a space between the stairs of the 2 and the 3th floor of this Sub-section for about 15 hours following the following day by the reason that the professor, including the Minister, refuses to do so.

(hereinafter “instant confinement.” On April 17, 2006, the Defendant attended 19 students related to the instant confinement and held a student punishment committee, and then decided to take a disciplinary measure against seven persons, including the Plaintiffs, for a period of one week from reprimand, for five persons, for a period of one month from abandonment, and for seven persons including the Plaintiffs, and the Plaintiffs on April 19, 2006.

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