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(영문) 수원고등법원 2019.07.17 2019누10586
학교폭력재심결정처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the judgment of the court of first instance, except for dismissal or addition as set forth in the following paragraph (2). Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence

2. The school principal of this case shall be the school violence countermeasure committee of this case in accordance with No. 14 of the third part of the order of dismissal or addition.

No. 3. Notice No. 15 of the 3. The head of the school of this case (hereinafter the principal of this case did not take any measure against D.).

i)in Doro-friendly;

Part 4. The following shall be added to the 18th page:

1) Article 19 of the Administrative Litigation Act provides that a lawsuit seeking cancellation of the instant disposition may be filed against the original disposition of an administrative agency, but the decision of an administrative appeal shall also be subject to the revocation lawsuit, only in the case of “where the decision itself is based on an inherent error.” In the case of a lawsuit seeking cancellation of the decision, the determination of an administrative appeal shall be subject to the revocation lawsuit. In the case of a lawsuit seeking cancellation of the decision, whether the decision itself has an inherent error, and in the absence of an inherent error, the lawsuit seeking cancellation of the

(See Supreme Court Decision 93Nu16901 delivered on January 25, 1994). "Unauthorized illegality" under Article 19 of the Administrative Litigation Act refers to the authority or composition of the ruling authority that is not in the original disposition and only in the judgment, such as illegality of authority or composition of the ruling authority, illegality in the procedure or form of the ruling, and illegality of the contents thereof constitutes a case where the ruling of acceptance was made unlawfully and unreasonably.

(See Supreme Court Decision 96Nu14661 delivered on September 12, 1997). The decision of this case constitutes a “adjudication” under Article 19 of the Administrative Litigation Act as it constitutes a special administrative appeal in relation to the disposition of this case. As seen earlier, the plaintiff itself is the decision of this case.

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