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(영문) 서울행정법원 2016.02.12 2015구합9780
학교장추천전학징계처분취소
Text

1. The plaintiff's lawsuit against the defendant D Middle School Head shall be dismissed.

2. The head of the office of education in Gangnam-gu Seoul Metropolitan Government;

Reasons

1. Basic facts including the details of the disposition;

A. The Plaintiff entered the D Middle School in 2013 (hereinafter “instant school”), and was enrolled in the third and fifth classes in 2015.

B. On June 16, 2015, the Student Guidance Committee of the instant school, upon request for deliberation by the Student Guidance Committee, discussed the Plaintiff’s attempted theft and infringement of teaching rights, and as a result, requested deliberation to the School Education Right Protection Committee of the instant school. On the other hand, the Plaintiff notified the Plaintiff to the effect that “after the absence of deliberation and disciplinary action by the School Education Committee, the Plaintiff was subject to disciplinary action.”

C. As a result of the deliberation by the School Right Protection Committee of this case, the School Right Protection Committee established in the school of this case pursuant to Article 2 of the Special Act on the Improvement of Teachers' Status and Article 6 of the Regulations on Honorable Treatment of Teachers was held on the basis of relevant data on June 19, 2015, and decided to request the head of the school of this case to recommend the change of the school principal as follows: (a) although the School Right Protection Committee of this case had taken disciplinary measures against the Plaintiff several times; (b) it is difficult for the Plaintiff to guide the Plaintiff because the Plaintiff did not respond thereto; and (c) it is difficult for the Plaintiff to teach the Plaintiff due to continuous verbal abuse and non-performance of instructions for the teachers for the last two years; (d) the Plaintiff and his father's non-identification and aggressive attitudes of the Plaintiff to the extent of interference with normal educational activities; and (e) it is deemed desirable to change the Plaintiff's educational environment.

As a result of the review by the Seoul Metropolitan Office of Education on June 19, 2015, the principal of the defendant has notified the plaintiff of the results of the review by the School Right Protection Committee, and the father of the plaintiff shall be the school Right Protection Committee of the Seoul Metropolitan Office of Education.

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