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(영문) 대법원 2015.09.10 2013추517
직무이행명령(2013.4.10) 취소
Text

1. On April 10, 2013, the Defendant entered the school violence student record in the order to perform his/her duties against the Plaintiff.

Reasons

1. The facts under the circumstances and summary of the order to perform the duties are either in dispute between the parties, or in full view of the entries in Gap evidence Nos. 1 through 16 ( omitted) and Eul evidence Nos. 1 and 2 and the purport of all pleadings.

On January 27, 2012, the Defendant: (a) recorded the measures to be taken against the aggressor students of school violence at the Committee on Countermeasures against School Violence as stipulated in each subparagraph of Article 17(1) of the Act on the Prevention of and Countermeasures against Violence; and (b) revised the guidelines for the preparation and management of school life records in accordance with the Ministry of Education, Science and Technology’s instruction to use them as data for life guidance and higher school education; and (a) stated transfer, expulsion from school, expulsion from school, special education, or psychological treatment, suspension of attendance for up to ten (10) days in the column of the special engineer of the “covered situation”; (c) written apology, prohibition of contact, intimidation, and retaliation; (d) volunteer service in a school; and (e) replacement of class in the column of the “covered matter”.

B) Measures to be taken against an aggressor student recorded in the preservation period of school life records shall be preserved for five years after graduation from elementary schools and middle schools, and a high school shall be preserved for ten years. (2) On June 29, 2012, the Defendant re-amended the guidelines for the preparation and management of school life records by the Ministry of Education, Science and Technology Directive No. 257, thereby changing the preservation period of school life from 10 years after graduation from elementary schools and middle schools to 5 years after graduation.

B. On July 9, 2012, the National Human Rights Commission on Information on the Procedure for recording the Plaintiff’s school life records held a total policy recommendation for the creation of human rights-friendly school culture, and the content thereof is the deletion review system or the intermediate deletion system prior to graduation with respect to school life records.

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