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(영문) 수원지방법원 2018.07.12 2018구합60213
자퇴처분무효 등 확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Article 68(14) of the 3rd day of Smoking on March 22, 2017, as of the date of notification of the date of holding the number of vehicles held as of the base date of human rights regulations on March 16, 2017; Article 68(14) of the 3rd day of Smoking on March 5, 2017; Article 68(14)4 of the 5th day of Smoking community service; Article 68(14) of the 3rd day of Smoking on April 25, 2017; Article 68(14) of the 10th day of Smoking on April 25, 2017; Article 68(14) of the 10th day of Smoking on May 17, 2017; Article 68(14) of the 14th day of Smoking on May 16, 2017; Article 68(14) of the 10th day of the 20th day of Smoking;

A. The Plaintiff’s ASEAN was a student who was in the first grade of B high school, and was issued a disposition of guidance six times by the Defendant pursuant to Article 68 of the Regulations on Human Rights in School (hereinafter “Rules on Human Rights”) for the following reasons for guidance.

(hereinafter referred to as “instant leading disposition”). (b)

C submitted discharge to the Defendant on September 15, 2017, and the Defendant accepted C’s application for discharge as of September 18, 2017.

(hereinafter referred to as “instant self-acceptance disposition”). 【No dispute exists, Gap’s evidence Nos. 1 through 8, Eul’s evidence No. 8, and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. 1) The Plaintiff’s assertion 1) In light of the purport of Article 62 of the Human Rights Regulations, even though the Plaintiff is not the other party to the instant leading disposition and the self-acceptance disposition, the Plaintiff has legal interest in seeking confirmation of invalidity of the above disposition as C’s parent and legal representative. 2) In the case of the Defendant’s self-acceptance disposition, the Plaintiff’s withdrawal becomes effective only with C’s submission of self-determination, and thus, the Defendant’s acceptance act constitutes a disposition subject to appeal.

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