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(영문) 서울중앙지방법원 2017.05.24 2016가합577516
성적처리 무효확인 및 이행청구
Text

1. An interim examination for the second and second semesters conducted by the Defendant on October 13, 2016 at C High School operated by the Defendant during the second and second semesters.

Reasons

1. Basic facts

A. At the time of 2016, the Plaintiff was a student who was enrolled in the second year in C High School under the Defendant’s control of Seocho-gu Seoul Seocho-gu Seoul (hereinafter “instant school”).

B. On October 13, 2016, the Plaintiff implemented the instant school on October 13, 2016, applied for an interim examination in the second half-year of 2016 at the instant school, and was in charge of an examination of the first phase of 201 and the first phase of vector (hereinafter “first subject”) and the second phase of life science I (hereinafter “second subject”). The Plaintiff’s cell phone vibration in the paper bank, which was attached to the Plaintiff’s book prior to 10 minutes of the examination at the end of the second phase of 201.

C. After finding the Plaintiff’s mobile phone and collecting it, the supervising teacher continued to undergo the second subject examination, and the Plaintiff submitted the answer sheet at the time of completion of the second subject, and all of the said intermediate examinations conducted by October 18, 2016.

As to the Plaintiff’s mobile phone in the second examination, the Plaintiff submitted a explanatory note to the effect that “Around October 12, 2016, the day before the second examination was conducted, which was the day before the second examination was conducted, was lost and found, but it was not possible to find it, and thus, the Plaintiff failed to submit the mobile phone to the supervising teacher on October 13, 2016, which was the day when the first and second examination was conducted.”

E. In order to determine whether the establishment of the Plaintiff’s mobile phone during the second subject examination constitutes an illegal act, the pertinent school held the sexual management committee on October 20, 2016 in order to determine whether the establishment of the Plaintiff’s mobile phone constitutes an illegal act. During the second subject examination, the said committee decided that the establishment of the Plaintiff’s mobile phone in the Plaintiff’s book constitutes an illegal act and constitutes an act of holding a mobile phone as prescribed by Article 17(6)1 of the School Records Management Regulations, and thus, all the examination scores of the first and second subject should be treated as zero points.

Article 17 (Examination, Execution and Supervision) (6) The following acts shall be considered as unlawful acts:

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