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(영문) 서울고등법원 2018.08.23 2018누43301
외부기관사회봉사 처분 등 취소 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The reasoning for the court's explanation of this case is as stated in the judgment of the first instance except for the following modifications. Thus, this case is quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

[Revision] Part of the judgment of the first instance court is referring to “A.C.” in Part 9 of Part 3 of the judgment of the first instance as “A.C.” (hereinafter referred to as “the first proposal”).

The following writing boxes shall be added between 3 pages 9 and 10 of the judgment document of the first instance.

In addition, since the Plaintiff did not receive a lawful notification from the Defendant’s autonomous committee 10 days before the autonomous committee was held, the Plaintiff violated the duty of prior notification under Article 21(2) of the Administrative Procedures Act and the appropriate procedure under Article 17(5) of the School Violence Prevention Act.

(hereinafter referred to as “head of the Second State”). Furthermore, at the time of the institution of the autonomous committee, the Defendant did not complete the verification process on the grounds for exclusion, challenge, and avoidance of the members for parents under Article 26 of the Enforcement Decree of the School Violence Prevention Act, and did not undergo the calculation process of points according to the criteria for application by measure in attached Table 2016-99 of the Ministry of Education, so procedural errors exist in the instant disposition.

(hereinafter referred to as “third-party Chapter”). On the third-party written judgment of the court of first instance, the “decision” in Part 10 “2”) shall be deemed to be the “Decision on Part 1”.

The following writing boxes shall be added between 4 pages 17 and 18 of the judgment document of the first instance.

3. Article 2 subparag. 5 of the Administrative Procedures Act provides for “a hearing” as “the procedure for directly hearing the opinions of the parties and investigating evidence before any administrative agency rendering any disposition,” and Article 21(2) provides that “In order to hold a hearing, the administrative agency shall notify the parties, etc. of the matters intended to take a disposition and the grounds therefor not later than 10 days prior to the beginning of the hearing.”

However, the Administrative Procedures Act.

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