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(영문) 서울고등법원 2020.10.21 2019누52135
전학처분 등 취소
Text

The judgment of the first instance shall be revoked.

Of the instant lawsuits, Defendant I High Schools (hereinafter “Defendant I High Schools”) committed against Plaintiff A and D on May 25, 2018.

Reasons

1. The grounds for this part of the disposition by the court are as stated in Paragraph (1) of the reasoning of the judgment of the court of first instance, except for the cases of using or adding part of the reasoning as follows. Thus, this part is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

[Supplementary Measures against Violence in Schools (hereinafter “School Violence Prevention Act”) was amended by the former Act on the Prevention of and Countermeasures against Violence in Schools (amended by Act No. 16441, Aug. 20, 2019; hereinafter “Act on the Prevention of and Countermeasures against Violence in Schools”) on the 3rd page 6 and 7 of the judgment of the court of first instance.

The following shall be added between the fourth and third parties in the judgment of the first instance:

Of the lawsuit of this case, Plaintiff A voluntarily retired and was removed from the International High School on October 8, 2019, and Plaintiff D graduated from the International High School on January 3, 2020, and Plaintiff G graduated from the J High School on January 31, 2020, respectively. The ground for recognition is set forth in the fourth, fourth, and fourth [based on recognition] of the first instance judgment of “B evidence 35, 45-1, and 2.”

2. Whether each of the dispositions of this case is legitimate

A. The reasoning for this part of the plaintiffs' assertion is as stated in Paragraph 2 of the reasoning of the judgment of the court of first instance, and thus, this part is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

B. The reasoning for this part of the relevant statutes is as follows, and the reasoning for the judgment of the court of first instance is as follows.

Since it is identical to the statement in the claim (including the attached Form of the first instance judgment), it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Measures against Violence in Schools (amended by Act No. 16441, Aug. 20, 2019)] Attached to the judgment of the court of first instance, “The Act on the Prevention of and Countermeasures against Violence in Schools” is “former Act on the Prevention of and Countermeasures against Violence in Schools (amended by Act No. 16441, Aug. 20, 201).”

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