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(영문) 인천지방법원 2018.12.21 2017가합56710
징계처분무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is an incorporated school foundation established under the Private School Act, and the Plaintiff is a student who was enrolled in a junior college operated by the Defendant at C University on March 2016.

B. On March 1, 2017, the C University Internet community survey was conducted on the D'D', which was a part of the college, that there was a response to the students of the college to make a sexual speech to the students of the college, and thereafter, the 11 students of the medical college reported to the C's gender equality counseling office (hereinafter referred to as "gender equality counseling office") on April 5, 2017, and April 6, 2017, the Plaintiff reported to the effect that "the Plaintiff reported to the effect that "the Plaintiff would take the 17th class female students of the 16th class female students of the new college who want to take the 16th class female students of the 17th class female students of the college," who want to take the 17th class female students of the 16th class female students of the college and the 111th class female students of the 3th class college."

C. Since then, C University Gender Equality Committee (hereinafter referred to as “Equality Committee”) investigated and deliberated on the alleged misconduct reported as above, and then requested deliberation by the Medical and College Gender Punishment Committee for disciplinary action against students (hereinafter referred to as “Student Disciplinary Committee”).

On June 19, 2017, the Student Disciplinary Committee investigated and deliberated on the facts of misconduct four times, and decided on the disciplinary action against the Plaintiff, “the date of commencement of the disciplinary action (the date of commencement of the disciplinary action: August 28, 2017) and 40 hours for gender-sensitive education,” and the Defendant took disciplinary action (hereinafter “instant disciplinary action”) against the Plaintiff in accordance with the above decision on the same day.

The plaintiff filed a request for review on the above disciplinary action, and the student punishment committee deliberated on the above disciplinary action again, and maintained the previous disciplinary action on August 9, 2017.

hereinafter referred to as "decision on review of this case" is called "decision on review of this case".

(ii) [In the absence of dispute over the basis of recognition, entry in Gap's 1, 3, 7 evidence, Eul's 1, 2, and 6 evidence, the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiff's assertion 1.

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