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(영문) 대전지방법원 2015.07.22 2015구합303
학기말성적처분취소
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. On June 4, 2014, while the Plaintiff was enrolled in the second grade of D Middle School in Daejeon Seo-gu, Daejeon in 2014, the Plaintiff was hospitalized in the Seoul Trisung Hospital located in Gangnam-gu, Seoul, Seoul, and was under climatic surgery on six occasions until December 2014.

B. The Plaintiff was unable to attend a school after the completion of the interim examination for the second year and the first semester due to the above treatment, and was unable to take an interim examination for the second year and the second year and the second year and the last examination.

C. On December 24, 2014, the Defendant decided 80% of the Plaintiff’s results of the Plaintiff’s interim examination for the second and second school year to the end of the second school semester pursuant to Article 10 of the Regulations on the Management of Academic Records for the Year 2014.

(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition of this case’s existence of no dispute, entry of Gap’s 1 through 3, and 5’s evidence, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Plaintiff’s assertion 1) The preparation and management guidelines for school life records in violation of the principle of statutory reservation (No. 29 of the Ministry of Education Directive) do not stipulate the grounds for granting recognition points in relation to recognition points and the rate of recognition points, and is only stipulated by the school performance management regulations in accordance with the school performance management guidelines of the City/Do Office of Education. The grounds for granting recognition points for examination failure and the rate of recognition points are limited to the fundamental rights of examination failure students, and thus, the preparation and management guidelines for school life records are delegated to City/Do Office of Education and one-way schools, so this goes against the principle of statutory reservation. 2) Although the Defendant granted 100% recognition points to students for long-term hospitalization (hereinafter “health disability students”) in some middle schools in Gwangju Metropolitan City, etc. in violation of the principle of equality, it is unlawful for the Defendant to grant only 80% recognition points to Plaintiff.

(b) the relevant laws, regulations and regulations;

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