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(영문) 서울고등법원 2018.10.02 2018누39319

처분취소청구의 소

Text

1. The part against the plaintiff falling under the following among the judgment of the first instance shall be revoked:

Defendant.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance except for the part added or used by adding as mentioned below paragraph (2). Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. From the 3rd bottom of the judgment of the court of first instance, a part added or dried up to two (2) shall be added to the following: (a) from the 3rd bottom to the 3rd bottom to the 3rd "B"; and (b) the 4rd to the 3rd "C" to the 3rd part.

A) Members of the Autonomous Committee on Countermeasures against School Violence at E elementary school consisting of two members for teachers, five members for teachers, one legal assistant, and one police member. On March 2017, 2017, four members for parents were not elected through a parents plenary meeting. Therefore, the autonomous committee was constituted in violation of Article 13(1) of the School Violence Prevention Act, and the autonomous committee, which is so unlawful, decided to ratification the instant Disposition No. 1 and request the Defendant to take the instant Disposition No. 2. The following was added to the 5th four parallels in the first instance judgment, and the 5th five parallels “(A)” in the 7th parallels “(B),” respectively. Article 13(1) of the School Violence Prevention Act provides that: (a) whether there is any defect in the composition of the autonomous committee; (b) whether there is a defect in the composition of the committee; and (c) whether there is a representative of the parents at the parents plenary meeting, including one chairperson, may be appointed at the representatives of the parents.

Pleadings are made in each entry of Gap evidence 26, evidence 28-1 through 5, evidence 29, Eul evidence 17 through 19, evidence 20-1 through 3, evidence 21, evidence 22-1 and 2.