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The Defendant’s order to perform duties against the Plaintiff on April 18, 2013 is revoked.
Costs of lawsuit shall be borne by the defendant.
Reasons
1. The facts under the circumstances of the instant order to perform the duties do not conflict between the parties, or can be acknowledged by comprehensively taking account of the entries in Gap evidence Nos. 1 and Gap evidence Nos. 69 (Additional Number omitted) and the whole purport of pleadings.
On January 27, 2012, the defendant prepared school life records and revised management guidelines in accordance with the Ministry of Education, Science and Technology Directive No. 239 (hereinafter referred to as the "instant guidelines") to record measures against aggressor students of school violence in school life records as stipulated in each subparagraph of Article 17(1) of the Act on the Prevention of and Countermeasures against School Violence and to use them as data for guiding students and entering schools of higher level (hereinafter referred to as the "instant guidelines"), and the main contents are as follows.
(A) In the “paragraph of the school life record” column, transfer to another school, expulsion from school, and “a special officer in the attendance situation” column shall include community service, special education course, or psychological treatment, suspension of attendance for not more than ten days, suspension of attendance for not more than ten days, and “a behavioral characteristics and comprehensive opinion” column, prohibition of contact, intimidation, and retaliation at school, service at school, and class replacement, respectively.
(b) Measures to be taken against aggressor students entered in school life records shall be preserved for five years after graduation, and high schools shall be preserved for ten years.
(2) On June 29, 2012, the Defendant re-amended the instant guidelines by the Ministry of Education, Science and Technology Directive No. 257, and revised the preservation period of school life records from 10 years to 5 years after graduation from elementary schools and middle schools.
B. On February 15, 2012, the Plaintiff requested on February 15, 2012, the Defendant to reconsider the records of school violence disciplinary actions.
In addition, on July 9, 2012, the National Human Rights Commission of Korea holds the 14th all committee in 2012 to promote human rights-friendlyness.