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(영문) 서울서부지방법원 2015.11.26 2015가합31728
제적처분 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a school juristic person operating a foreign language college (hereinafter “foreign language college”). On March 2010, the Plaintiff was admitted to one of the specialized graduate schools of foreign language B through a special screening at C, one of the graduate schools of foreign language B, and was paid four times on the ground of such admission, and was removed on January 28, 2015 (hereinafter “instant expulsion”).

B. The Plaintiff paid first paid during the first semester in 2010, second paid in the second semester in 2011, second paid in the second semester in 2012, third paid in the second semester in 2012, and fourth paid in the second semester in 2014. During that period, the Plaintiff given birth to two children on July 5, 201 and July 12, 2013.

(c)School regulations, etc. of a graduate school of the Egrative women with respect to removal from the military register are:

Students falling under any of the following subparagraphs of Article 18 (Removals) of the graduate school regulations shall be removed by the President of UNIST:

1. A person who fails to return to school even after the lapse of the period of temporary closure from school prescribed by Article 15 (2);

2. A person who fails to pay tuition fees or other dues by the fixed date;

3. A person who is deemed to lack academic achievement ability;

4. A person who has failed to complete credits during the school year;

5. The term “person who is deemed to have the ability to take a school achievement” in subparagraph 3 of Article 18 of the Enforcement Rule of graduate school school regulations by discipline means a student whose average credits by semester are less than 2.50 for a semester.

Provided, That in cases of students of graduate schools B, it means students who have been paid three times or more during the period of attendance.

Students falling under any of the following subparagraphs of Article 13 (Removals) of the Enforcement Regulations of Graduate School Regulations shall be removed by the President of UNIST:

1. A person who fails to return to school even after the lapse of the period of temporary absence from school;

2. A person who fails to pay tuition fees or other dues by the fixed date;

3. A person who has exceeded three paid time during his/her school period;

4. A person who has failed to complete credits during the school year;

5. Facts that there is no dispute over a person subject to a disposition of expulsion by discipline (based on recognition), Gap's entries in Gap's evidence 1, 3, 9, 10, and Eul's evidence 1, and the purport of the whole pleadings.

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