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(영문) 부산고등법원 2020.08.12 2020누20637
서면사과 처분 취소 청구
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

1. The plaintiff's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance. Examining the evidence duly adopted and examined by the court of first instance along with the evidence added by this court, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning for the court’s explanation on the instant case is as follows, except for the addition of the following determination as to the allegations added or emphasized by the Plaintiff in this court, and therefore, it is consistent with the reasoning of the judgment of the first instance. As such, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the text of

2. Determination on addition

A. The plaintiff asserts that the procedure for commissioning members of the Autonomous Committee on Countermeasures against School Violence is unlawful, that the defendant commissioned a representative of parents elected without a proper vote at the parents' meeting as a member of the members of the parents, and that the organization of the Autonomous Committee on Countermeasures against School Violence is erroneous.

Article 12(1) of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former Act on the Prevention of and Countermeasures against School Violence”) provides that “The Autonomous Committee on Countermeasures against School Violence shall be established in schools to deliberate on matters related to the prevention of and countermeasures against school violence.” Article 13(1) of the same Act provides that “The Autonomous Committee shall be comprised of not less than five but not more than ten members, including one chairperson, and a majority of all members shall be commissioned as representatives of parents elected in the general meeting of parents at the general meeting of parents, as prescribed by Presidential Decree: Provided, That where it is difficult to elect representatives of parents at the general meeting of parents, representatives of parents may be elected at the meeting of parents comprised of representatives of each class.” Accordingly, the former Act on the Prevention of and Countermeasures against School Violence shall apply.

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