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(영문) 서울서부지방법원 2016.01.28 2015가합36730
징계처분무효확인의 소
Text

1. The Defendant’s disciplinary action against the Plaintiff on September 11, 2015 confirms that it is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a student in the year C and the fourth grade at the Egrative University operated by the Defendant (hereinafter “Defendant University”).

B. In order to encourage students’ academic activities, the Defendant University grants subsidies in the form of scholarships (hereinafter “science support scholarships”) to students selected in the student academic activity support project. The Defendant University provides that the said scholarships do not overlap with the same person so that they do not receive any duplicate payments.

C. The Plaintiff filed an application for a scholarship under his/her own name for a student academic activity support project by lending the name of Nonparty D to receive the duplicate payment.

D, although the Plaintiff was first given the name, the Plaintiff refused to lend his name to the Plaintiff with respect to the income deduction and the consent letter from the parents regarding the scholarship recipient. However, the Plaintiff was demanded to continue to lend his name.

E. On June 11, 2015, the Defendant University confirmed the disciplinary action of 20 days on September 11, 2015 against the Plaintiff on September 201, 2015, following each resolution of the B University Guidance Committee, the Central Guidance Committee on August 10, 2015, and the School Affairs Committee on September 8, 2015, on the ground that “unfair application, etc. for scholarships with borrowed name” was a disciplinary cause (hereinafter “instant disciplinary cause”), and decided to initiate the disciplinary action from September 11, 2015.

(f) The provision of the student disciplinary action and the provision of the school regulations related to the instant case are as follows.

Article 2 (Grounds for Disciplinary Action against Students) The president may discipline any of the following students:

4. Article 3 (Details of Disciplinary Action) of the School Regulations, Article 59 (2) of the School Regulations, and Article 37 of the graduate school regulations, shall apply to a student who has interfered with, or committed an act to interfere with, the performance of his duties.

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