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(영문) 인천지방법원 2015.11.19 2015구합50522
서면사과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff and E are students who were enrolled in the first-class 9 of D High School in 2014.

B. On December 3, 2014, the Autonomous Committee on Countermeasures against School Violence at D High Schools (hereinafter “Autonomous Committee”) held a meeting of the autonomous committee and decided on the Plaintiff’s written apology and disposition against the victim student pursuant to Article 17(1)1 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”).

C. On December 8, 2014, the Defendant issued a written apology and disposition against the victim student (hereinafter “instant disposition”) to the Plaintiff in accordance with the resolution of the autonomous committee.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 4, purport of the whole pleadings

2. The defendant's judgment on the main defense of the defendant has already been made to the plaintiff in accordance with the disposition of this case, and the lawsuit of this case is unlawful as there is no benefit of protection of rights.

However, Article 25 (1) of the Elementary and Secondary Education Act provides that the head of a school shall prepare and manage data that can be used for guiding students and selecting students to enroll in higher schools in accordance with the standards prescribed by Ordinance of the Ministry of Education by comprehensively observing and evaluating academic achievement, personality, etc.

In addition, Article 5 (3) and (4) of the Regulations on the Preparation and Management of School Life Records (amended by Ordinance of the Ministry of Education No. 57 of March 5, 2015) and Article 18 (5) of the Guidelines for the Preparation and Management of School Life Records.

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