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(영문) 서울동부지방법원 2019.02.15 2017가합104123
퇴학처분무효 등
Text

1. On April 20, 2017, the Defendant confirmed that the expulsion from school against the Plaintiff was null and void.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. 1) The Plaintiff is the C University established and operated by the Defendant around 2011 (hereinafter “instant University”).

) D Campus (hereinafter “D Campus”)

(i) enter the D Campus International Business University (hereinafter referred to as the “International Business University”) around 2017.

(2) The Plaintiff was a special election for the president of the 30th General Students’ Meeting (hereinafter “instant election”) that was conducted from March 30, 2016 to March 31, 2016, and was in the fourth grade of the business administration department.

3) In the instant election, 3,514 of the students enrolled in D Camps participated in the voting, and 2,746 of the voters agreed to select the Plaintiff as the president of the total student group. 4) The Korea Election Commission (hereinafter “Election Commission”) in charge of the management and supervision of the instant election, deemed the general voters as 6,567, and announced on March 31, 2016 that “the Plaintiff was elected by obtaining a majority of the total voters,” and announced the procedure for raising an objection to the instant election.”

5 Of the regular members of the D Campus General Students’ Meeting, nine persons raised an objection to “the scope of voters in the instant election and whether the Plaintiff has obtained the effective votes” to the election commission.

After deliberation of the above objection, the Election Commission made a decision to the effect that “The total number of students at the time of the instant election is 8,318 and the number of students attending the fourth-year class among them is 2,456, and the election of this case is invalid because a majority of all voters including the four-year total number of students, did not vote.”

B. In calculating the total voting rate in the election of D Campus, the Plaintiff’s demonstration, etc., was a practice to include the fourth-year scheduled graduate in the number of collective ownership holders only by those who actually participated in the election. According to such practices, the result of the instant election is as follows.

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