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(영문) 대전지방법원 2017.05.31 2016구합103599

성적통지처분 취소 등

Text

1. The lawsuit against the defendant, Chungcheongnam-nam Office of Education among the lawsuits in this case shall be dismissed;

2. The plaintiff's defendant D High School chief.

Reasons

Details of the disposition

On March 2, 2016, the Plaintiff entered the first year of D High School.

From June 30, 2016 to July 5, 2016, D High School conducted a test twice a semester from June 30, 2016, and the Plaintiff applied for a test for the subject I of education (hereinafter “instant test”) conducted at school level on July 4, 2016.

On July 21, 2016, Defendant principal held a Committee for the Management of Academic Records to treat the first subject of education as zero points on the ground that the Plaintiff prepared an answer after the completion of the examination at the time of the examination in this case. On July 27, 2016, Defendant principal notified the Plaintiff of the results of the two-time examination that the Plaintiff treated the first subject of education as zero points.

(hereinafter “Notification of this case” / [Grounds for recognition] Gap evidence Nos. 1, 5, Eul evidence Nos. 8, and the whole purport of the pleading as to the legitimacy of the lawsuit of this case as to the defendant principal of this case as to the legitimacy of the lawsuit of this case, the notice of this case by the defendant principal of this case is merely a performance of the obligation under Article 25 of the Elementary and Secondary Education Act, not an administrative authority, but an interim stage of the preparation of materials such as academic achievement, etc., and it is difficult to view the notice of this case as a disposition subject to administrative litigation because it is merely an interim stage of the preparation of materials such as academic achievement, etc. and thus it is difficult

Judgment

The sexual evaluation process, including the grading act itself and the treatment of the student's misconduct, is merely an interim act in a series of procedural processes to calculate the last stage and assign a tin rating. However, the sexual notice given after the above process is not changed after the next, unless there are special circumstances, and is used as data for evaluating the academic achievement, at least at least at that stage, a specific right or obligation for the student is created or legal interest is created.