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(영문) 대전고등법원(청주) 2014.08.20 2013누5334
가해학생조치처분취소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

In addition, the court's explanation of this part of the plaintiff's assertion is based on Paragraph 1 and Paragraph 2 of the judgment of the court of first instance.

Since it is the same as the statement in the claim, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

In a case where the effective period of the administrative disposition of this case is determined on the legitimacy of the lawsuit of this case, if the validity or execution of the disposition is not suspended, the effect of the administrative disposition becomes null and void upon the lapse of the above period, and there is no legal interest to seek the cancellation of the disposition, unless there are special circumstances to deem that any legal interest is infringed due to the remaining form

(2) As of July 26, 2002, the disposition of this case was already terminated as of the date of the closing of argument in the court of first instance. According to the evidence No. 15, the part related to the disposition of this case among the school records of this case against the plaintiff on February 18, 2014 after the judgment of the court of first instance was rendered. Thus, there is no legal interest to seek the cancellation of the disposition of this case, since there is no other circumstance to deem that any legal interest is infringed upon due to the remaining external form of the disposition of this case against the plaintiff.

(G) The court below held that the lawsuit of this case is lawful, and held that the plaintiff's lawsuit of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of 1,6,7, 11, Eul evidence Nos. 2, 3, 5, and 6 of Gap evidence Nos. 1, 2, 3, 5, and 6 of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case

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