logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.08.21 2020누34133
출석정지처분 취소 청구의 소
Text

1. Revocation of the first instance judgment.

2. The Defendant’s disposition of suspending attendance against the Plaintiff on September 9, 2019 shall be revoked for five days.

Reasons

1. The reasons why the court should be stated in this part are as stated in the judgment of the court of first instance, except for the cases where the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”) was amended by the former Act on the Prevention of and Countermeasures against Violence in Schools (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former School Violence Prevention Act”) from the last parallel of the judgment of the court of first instance and the main sentence of Article 420 of the Civil Procedure Act are cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is as stated in the judgment of the court of first instance, except where the Act on the Prevention of Violence in Schools was amended into “former School Violence Prevention Act” in the fourth fourth part of the judgment of the court of first instance.

B. Except where the Act on the Prevention of and Countermeasures against Violence in Schools (amended by Act No. 16441, Aug. 20, 2019) was amended to “former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019), the corresponding part of the judgment of the first instance is written.

C. The reasons why this court should be stated in this part are as follows: ① A. 7, 8, and 9 are added to the following 13th 13th tier in the judgment of the court of first instance; ② A. 5, 6, and 11 is added to the 7th 14th 14th "(based on recognition)" as stated in the reasoning of the judgment of the court of first instance, except for the addition of “A. 9, B. 5, 6, and 11” to the 7th 14th 14th m, E. - one of the students who is the same as the disposition of this case taken by the plaintiff is identical to the disposition of this case, and the disposition against five students is identical to the disposition of this case, “five days of suspension of attendance” as the lawsuit of this case and “five hours of suspension of attendance”. The plaintiff is seeking revocation of the part of this case’s “five days of attendance”.

It has filed an adjudication seeking cancellation.

arrow