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(영문) 서울고등법원 2018.12.05 2018나2028738
유급처분 및 제적처분 무효확인 청구의 소
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1. Revocation of a judgment of the first instance;

2. The Defendant’s paid disposition as of January 20, 2014 against the Plaintiff and the paid disposition as of February 1, 2016 against the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 1, 2009, the Plaintiff entered the department of C University’s medical college (hereinafter “C”) established and operated by the Defendant.

B. In the first semester of 2012, the Plaintiff was subject to the first paid disposition on August 14, 2012, on the ground that he/she received each F grade in the “NEA” and “EAEA”, and was subject to the second paid disposition on January 2014 (hereinafter “the second paid disposition”) on the ground that the average point of the essential subject was less than 1.75 on the ground that he/she received the second paid disposition on August 14, 2012 at the second half of 2013 and the average point of the essential subject was less than 1.75 (hereinafter “the second paid disposition”). In the second semester of 2015, the Plaintiff was subject to the second paid disposition on February 3, 2016 (hereinafter “third paid disposition”).

C Council members held a Committee on Assessment of Promotion of Second Semesters in January 13, 2016 and received Non-pas for the second 2015 on January 13, 2016, but offered an opportunity for the Plaintiff to resume all subjects with low academic performance before evaluating the grade of the relevant subject. It is different from “re-education” that the Promotion Decision Committee grants after the Non-pas evaluation.

Considering the circumstances that passed by, the Plaintiff was determined to be paid by the full-time professor attending the meeting, and on February 1, 2016, the Plaintiff was removed from the register (hereinafter “instant expulsion”).

C. The “C Regulations” in relation to the second and third paid dispositions against the Plaintiff and the instant expulsion disposition was modified to the “C Regulations on the C’s School Affairs” thereafter, and even after the amendment, it still refers to the “school Regulations” in the Addenda.

(including amendments), the details of the Cuniversity regulations, etc. are as follows:

The C's School Regulations amended in 2006, amended in C's 2006, was amended again in 2007, and the part related to this case was not amended.

Article 25 (Evaluation of Outcomes) The evaluation of academic achievement shall be conducted as specified in Article 45 (1) of the Regulations of C University.

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