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(영문) 서울고등법원 2019.07.11 2018누70570
학교폭력대책자치위원회 징계처분 취소
Text

1. Revocation of the first instance judgment.

2. Of the instant lawsuit, the number of special education provided by the Defendant to the Plaintiff on February 13, 2018.

Reasons

1. Facts that there is no dispute over the details of the disposition [based for recognition], Gap evidence 1, 2, and 5, Eul evidence 1, and the purport of the whole pleadings;

A. The Plaintiff attended C High Schools from March 6, 2017 to March 4, 2018, and transferred to K High Schools on March 5, 2018, and graduated from K High Schools on February 13, 2019.

The defendant is the principal of C High School.

B. On February 13, 2018, the Defendant issued to the Plaintiff the instant disposition (hereinafter collectively referred to as the “instant disposition”) regarding sexual indecent acts against J and F (F) female students in the Emnosok Prison toilet located in I on December 10, 2017 (hereinafter “victims”) regarding the Plaintiff’s sexual harassment.

C. The Plaintiff dissatisfied with the instant disposition and filed a petition for reexamination with the Gyeonggi-do Mediation Committee of Disciplinary Action against Students, and the above Mediation Committee rendered a decision to dismiss the Plaintiff’s petition on March 13, 2018.

2. It is as shown in the Attachment of the relevant laws and regulations.

3. Determination on the legitimacy of the instant lawsuit

A. Article 18(4) of the Defendant’s Guidelines for the Preparation and Management of School Life Records (hereinafter “School Violence Prevention Act”) provides that “A student may be removed at the same time from his/her graduation, subject to deliberation by the Autonomous Committee for Countermeasures against School Violence established under Article 12(1) of the School Violence Prevention Act, immediately before graduating in consideration of the degree of reflectivity of the student and the degree of positive changes in his/her behavior.” Thus, the Plaintiff may delete the records sufficiently in advance pursuant to the above provision, and the Plaintiff has no legal interest to seek the cancellation of the instant disposition by graduating from K High School around February 13, 20

B. In a case where any legal interest is not infringed on due to a disposition that lost its validity, such disposition shall be in the past legal relationship.

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