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(영문) 전주지방법원 2016.08.19 2015고단2235
직권남용권리행사방해
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Facts charged;

A. The Defendant was appointed to the Office of Education on July 1, 2010, and on June 4, 2014, the Superintendent of the Office of Education, which was an executive organ for I’s education and arts-related affairs from July 1, 2014 to July 1, 2014, has been in charge of education and arts-related affairs, such as direction, supervision, etc. of public officials belonging to the I Office of Education, elementary schools, high schools, special schools, etc. in its jurisdiction.

B. The background and progress 1) Amendment to the Guidelines for the Preparation and Management of School Life Records by the Ministry of Education, Science and Technology

A. In the column of the special contents of the “school life records” recording, a transfer to another school, expulsion from school, and the special contents of “routing situation” shall be stated in the column of “social service, special education or psychological treatment, suspension of attendance for not more than ten days,” the prohibition of contact, intimidation, and retaliation at school,” the prohibition of school’s volunteer service, and class replacement, respectively.

(b) Elementary schools and middle schools shall preserve the data on aggressor students entered in the records of school life for a period of five years after graduation, and high schools shall preserve the data for a period of ten years.

Ministry of Science and Technology (the Ministry of Education on March 23, 2013; hereinafter referred to as the "Ministry of Education") shall be the Ministry of Education's name.

On January 27, 2012, the Ministry of Education amended the Guidelines for the Preparation and Management of School Life Records by Ordinance No. 239 of the Ministry of Education to record measures to be taken against aggressor students of school violence at the Autonomous Committee for Countermeasures against School Violence as stipulated in each subparagraph of Article 17(1) of the Act on the Prevention of and Countermeasures against Violence in the School Life Records in order to use the school life records as data for life guidance and higher-level education, and the main contents thereof are as follows:

On June 29, 2012, the Ministry of Education re-amended the Act on the Preparation and Management of School Life Records by Ordinance No. 257 of the Ministry of Curriculum No. 257, and revised the preservation period of school life records from “10 years after graduation” to “5 years after graduation, as in the case of high schools, like elementary schools and middle schools” (hereinafter “instant provision”).

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