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(영문) 서울고등법원 2020.01.15 2019누42145
출석정지처분 등 무효확인 등
Text

1. The judgment of the court of first instance is modified as follows.

All of the plaintiffs' primary claims are dismissed.

B. The defendant

Reasons

1. The reasons why the court should explain this part of the disposition are the same as the part of the "1. Circumstances of the disposition" stated in 2-4 of the judgment of the court of first instance, except for the corresponding part of the judgment of the court of first instance as follows. Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

4 The 5th page below the 4th page "(including a branch number, if any)" shall be changed to "(including a branch number, if any; hereinafter the same shall apply)".

2. Whether the instant disposition is lawful

A. The reasons why the court should explain this part of the plaintiffs' assertion are the same as the part of "A. The summary of the plaintiffs' assertion" stated in 4-5 of the judgment of the court of first instance, except for the corresponding part of the judgment of the court of first instance as follows. Thus, this part of the judgment is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

The following shall be added between 3-4 below:

A) A majority of the members of the Autonomous Committee on Countermeasures against School Violence must be composed of representatives of parents elected at the parents' meeting. In organizing an autonomous committee, the defendant held a general meeting of parents, which is the parents' plenary meeting, but did not have any exception falling under the proviso of Article 13(1) of the School Violence Prevention Act, but delegated the election of members of the parents' plenary meeting to the council of parents representatives

Even if legitimate delegation was made, five members representing parents were elected at the parents' board meeting by presenting the agenda at the unauthorized council of parents executives.

Therefore, the autonomous committee that resolved the instant disposition is not an autonomous committee established under Article 13(1) of the School Violence Prevention Act and Article 14(1) of the Enforcement Decree thereof, and there is procedural defect in its composition.

Even if the election of five members for parents of students is lawful, contrary to the above assertion and view of the Plaintiff, the election of five members for parents of students is legitimate.

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