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(영문) 서울동부지방법원 2018.07.06 2017가합106778
징계처분무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is an incorporated school foundation established under the Private School Act, and the plaintiff was enrolled in C University literature department and philosophy operated by the defendant on March 2, 2011.

B. (1) The Plaintiff participated in philosophical and academic field events that took place from March 30, 2017 to April 1, 2017, and the damaged student who suffered from the same overage was present at the above event. (2) On April 1, 2017, the Plaintiff saw the damaged student who was suffering from drinking alcohol at the same time on April 1, 2017, she dried up his/her neck and dried up his/her son with his/her clothes on the part of the victimized student, and dried up his/her son by inserting his/her son with his/her clothes on the part of the victimized student, and committed an indecent act by force.

(3) The injured student was immediately informed of the facts of the above injury and reported to the police. (c) The main provisions of the school regulations and the school regulations of the Cuniversity relating to disciplinary action are as follows: <1> Article 48 of the school regulations (Disciplinary Action 1 The president may impose disciplinary action upon a student falling under any of the following:

1. Any person who has deemed that he/she has no chance to repent due to poor character and conduct;

2. A person who deserts from the principal portion of a student;

3. Other persons who violate school regulations.

(3) Where the president intends to discipline a student, he/she shall obtain appropriate procedures, such as granting the relevant student an opportunity to state his/her opinion.

A person who commits any of the following acts pursuant to Article 16 (Disciplinary Action) of the School Regulations shall be punished, and a warning shall be issued to minor negligence:

1. An act falling under good faith;

(a) Persons who enter a teaching room or an office and make a decision;

(b) A person who smokes in a non-smoking place in school;

(c)any person who disturbs public morals inside and outside of the school;

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