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(영문) 부산지방법원 2013.12.13 2013가합14517
퇴교처분무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 14, 2003, the Plaintiff was born in the United States and acquired the U.S. nationality, and at the same time, the Plaintiff was also a national of the Republic of Korea.

B. On August 23, 2010, while the Plaintiff was enrolled in Busan Teaching School, a foreigners' school around August 2009, the Defendant’s school is a foundation that is not a juristic person with an organization that forms a de facto social unit, managed and operated by the representative, based on the continuous purpose and principle of management of a foreigners’ school, focusing on school facilities entrusted by Busan Metropolitan City and property transferred from the former Busan International School, a telegraphic body, etc. (see Supreme Court Decision 65Da1651, Apr. 30, 196). Thus, the Defendant’s school is recognized as a party’s ability.

It has been transferred to the defendant school until now.

C. On May 23, 2013, the Defendant decided to send the Plaintiff from the Defendant’s school by the end of August 2013, on the ground that the Plaintiff did not have any statutory qualification to have resided in a foreign country at the time of transfer to the Defendant’s school for more than three years, and that there was a corrective order issued by the Busan Metropolitan Office of Education to withdraw dismissal measures against the Plaintiff. The Defendant notified the Plaintiff (hereinafter “instant disposition”).

On the other hand, the main contents of the Nationality Act, the Elementary and Secondary Education Act, the Regulations on the Establishment and Operation of Foreigners' Schools and Kindergartens (Presidential Decree No. 21308, Presidential Decree No. 21308, hereinafter "the instant provisions") related to the instant case, and the

Article 12 of the former Nationality Act (amended by Act No. 10275, May 4, 2010; hereinafter “former Nationality Act”) (1) Article 12 of the former Nationality Act (amended by Act No. 10275, May 4, 2010; hereinafter “former Nationality Act”) (i.e., nationality selection of a dual national) (i., a person who has both the nationality of the Republic of Korea and a foreign nationality before birth or reaching the age of 20 (hereinafter “second national”) shall be deemed to have reached the age of 22 before fully turning the age of

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