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(영문) 청주지방법원 2021.03.26 2020가합11565
징계무효확인 등 청구
Text

Of the instant lawsuit, the Defendant’s 7th day of August 16, 2017 against Plaintiff C and 20 hours of special guidance.

Reasons

1. Basic facts

A. The Defendant is a private school foundation, and the Plaintiffs were admitted to each Defendant’s social welfare department from around 2013 to around 2014 at H University.

B. At around December 2016, 12 students of H University Social Welfare Department organized the Emergency Countermeasure Committee at issue, such as the speech and behavior of professor I of H University (hereinafter “Emergency Countermeasure Committee”), and Plaintiff B was elected as the chairperson by the vote of members of the Emergency Countermeasure Committee.

(c)

On August 16, 2017, the Defendant’s Disciplinary Committee on the Disciplinary Action for Students at H University (hereinafter “The Disciplinary Committee”) rendered disciplinary action against Plaintiff B on the ground of “a person who seriously damages the reputation of a school by violating the principal portion of the school” under Article 17(1)1 of the Student Guidance Regulation, “a person who, even if he/she commits an act constituting an inorganic science, constitutes an act constituting an inorganic science” under Article 17(1)9 of the same Regulation, a person subject to heavy punishment (hereinafter “the instant disciplinary action”), and Plaintiff C, on the ground of “a person who disturbs the order of school by spreading false information through advertisements and printed materials,” under Article 15(1)1 of the same Regulation, imposed disciplinary action against Plaintiff C on the ground of “a person who disturbs the order of school discipline” (hereinafter “the instant disciplinary action”) and “a person who disturbs the order of school discipline” under Article 17(1)1 of the same Regulation.

(d)

Plaintiff

B requested the Standing Committee to review the disciplinary action of this case on August 25, 2017, but the Disciplinary Committee made the same resolution as the disciplinary action of this case on September 6, 2017.

E. Plaintiff B sought confirmation of the invalidity of the instant disciplinary action against the Defendant by the Court No. 2017, together with 203135, and the said court did so.

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