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(영문) 서울고등법원 2017.08.24 2016누73643
징계처분 취소
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons why the court should explain this part of the disposition are the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. Whether the lawsuit of this case is lawful

A. The Defendant’s assertion against the Plaintiff was prohibited by the instant written apology, contact, etc., and the school service disposition was deleted at the same time as the entries of school life records or the Plaintiff’s graduation.

In addition, the disposition of receiving the special education in this case against the plaintiff who has not yet been implemented became invalid after the plaintiff graduated from the middle school.

Therefore, the lawsuit of this case seeking revocation of each disposition of this case is unlawful as there is no legal interest.

B. Determination as to the disposition of taking the instant special education course 1) “Act on the Prevention of and Countermeasures against Violence in Schools” (hereinafter “Act on the Prevention of and Countermeasures against Violence in Schools”).

Article 17(1) provides that "In order to protect victim students and to guide and educate aggressor students, the autonomous committee shall request the head of the school to take any of the following measures (including where several measures are concurrently taken) against the aggressor students." Article 17(1) provides that "The head of the school shall be requested to take any of the following measures (including where several measures are concurrently taken)," such as "a written apology against victim students" under subparagraph 1 of the same paragraph (Article 17) and "Prohibition of Contact, Intimidation, and Retacing (Article 2)" (Article 2); "service at the school" (Article 3); "social service" (Article 4); "Special Education or psychological treatment by experts outside and outside the school (Article 5); "Suspension of attendance" (Article 6); "Change of class"; "Special Education" (Article 7); "Disposition of expulsion from school" (Article 9); and "the head of the school" shall be the subject of the victim students and aggressor students who belong to the school in question, and most of the measures against victim students and aggressor students.

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