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(영문) 수원지방법원 2018.10.30 2018구합61124
재결취소청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. D and the Plaintiff are students who were enrolled in the third half of the fifth grade in E elementary school in 2017.

B. On June 26, 2017, the E Elementary School principal issued a written apology and a disposition (hereinafter “previous disposition”) to D pursuant to Article 17(1)1 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”) on the ground that D divided the conversation, such as “Amar, Amar, Ii, Ii, Ii, Ii, Ii, Ii, am dead,” and Ii, Ii, Ii, Ii, am dead. Bi, in comparison with the Plaintiff’s Mamar’s report.

C. D appealed against the previous dispositions and filed an administrative appeal against the Defendant, and on November 20, 2017, the Defendant rendered a ruling revoking the previous dispositions on the ground that the above remarks do not constitute school violence (hereinafter “instant ruling”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s main defense is merely a third party, not the direct counter-party to the instant judgment, and there is no legal interest protected by the instant judgment, and thus, there is no standing to sue to seek revocation of the instant judgment.

B. Even if a third party who is not the direct counter party of the 1 administrative disposition is not the party, if the interests protected by the law have been infringed by the relevant administrative disposition, the party is entitled to obtain a decision of propriety by filing

The legally protected interest here refers to a case where there are individual, direct and specific interests protected by the relevant laws and regulations and relevant laws and regulations.

In addition, the legal interests protected by the relevant laws and regulations and relevant laws and regulations are protected by the legal interests protected by the prestigious provisions of the relevant laws and regulations based on the relevant disposition, and by the relevant laws and regulations based on the relevant disposition.

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