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(영문) 서울고등법원 2015.06.18 2015나2007587
징계처분 무효확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff is a student who lives in the name of "A" in the E school, and the defendant is a founder of the E school.

B. On May 9, 2014, the Plaintiff (hereinafter “instant disciplinary action”). On the same day, on the same day, the Plaintiff was aware of Nonparty G student’s cutting of the task that the Plaintiff gave to F student, and the principal of the E-school took the “act of providing the task” as an illegal act, and on May 15, 2014, each disciplinary action (hereinafter “instant disciplinary action”). (c) The school regulations of E-school constitute not only an act of copying another student’s task, an act of providing another student’s task, but also an act of providing one’s task to him/her, and also an act of providing one’s task to him/her constitutes a wrongful act, and the head of the E-school provides that the Plaintiff shall treat the task as zero days or three days’ day’s day’s day’s day’s day’s day’s day’s day’s day’s day’s day’s day’s day’s day’s day’s day’s day’s day’s day’s day.

[Reasons for Recognition] Unsatisfy, Gap evidence 4-1 and 2-2, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s instant disciplinary action is null and void for the following reasons.

1) Although the Elementary and Secondary Education Ordinance provides that “the head of a school may discipline students, if necessary for education, as prescribed by statutes and school regulations, and, in the case of disciplinary action, he/she shall apply the types of disciplinary action at each stage, depending on the seriousness of the reasons, and provide them with an opportunity to repent.” However, the school regulations of the E school uniformly have “regularly” concerning disciplinary action, unlike those stipulated in the above Acts and subordinate statutes, and thus, the instant disciplinary action that was taken based on invalid school regulations is also null and void. (2) The “providing excessive materials” subject to disciplinary action under the school regulations of the E school is deemed null and void.

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