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(영문) 대법원 2015.09.10 2012추220
직무이행명령취소
Text

1. On November 22, 2012, the Defendant entered “school violence student register” in the order to perform duties against the Plaintiff on November 22, 2012.

Reasons

1. Under the circumstances leading up to the instant order of performance of duties and the summary thereof, facts do not conflict between the parties, or may be acknowledged in full view of the respective entries in Gap evidence Nos. 1 to 9 (Additional Number omitted) and the whole purport of pleadings.

(1) On January 27, 2012, the Defendant amended the Guidelines for the Preparation and Management of School Records by Ordinance of the Ministry of Education, Science and Technology, No. 239 to record measures to be taken against school violence students of the Autonomous Committee for Countermeasures against School Violence referred to in each subparagraph of Article 17 (1) of the Act on the Prevention of and Countermeasures against Violence in School, and to use them as data for life guidance and higher school admission, and the main contents thereof are as follows:

(A) The “special engineer” column of the school record recording shall include a transfer, expulsion from school, social service, special education or psychological treatment, suspension of attendance for not more than 10 days, prohibition of contact, intimidation, and retaliation in writing, school service, 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 Guidelines for Preparation and Management of School Life Records by Ministry of Education, Science and Technology Directive No. 257, and changed the preservation period of school life records from 10 years to 5 years after graduation, as in the case of high schools.

B. On July 9, 2012, the National Human Rights Commission on Information on the Procedure for the Plaintiff’s Entry in the instant case held the 14th Electric Power Commission to make a comprehensive policy recommendation to create a human rights-friendly school culture, and the content thereof was deleted prior to graduation with respect to school violence records.

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