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(영문) 서울고등법원 2019.12.12 2019누53855
전학처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the corresponding part of the judgment of the court of first instance is dismissed or deleted as follows. Thus, it is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 4

【Supplementary or deleted parts】 3 pages 2.A

1) Paragraphs 2 and 2 (main part) and 7-9 pages 4.b.

1) The part of paragraphs 2 and 2 (the part of the judgment on Note 1 and 2) shall be deleted.

On the 15th 5th 7th 7th am “it is difficult to view the instant disposition as a deviation from and abuse of discretionary power because it substantially loses validity under the social norms, even if considering the circumstances alleged by the Plaintiff and the evidence submitted by the Plaintiff, it is difficult to view the instant disposition as an abuse of discretionary power, because it violates the principle of excessive prohibition, or considerably lacks validity under the social norms, even if all of the circumstances alleged by the Plaintiff and the evidence submitted by the Plaintiff.”

In conclusion, the judgment of the first instance is justifiable, and the plaintiff's appeal is dismissed as it is without merit.

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