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1. All of the plaintiffs' lawsuits of this case are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendant, on August 201, enacted the Seoul Special Metropolitan City Ordinance on Students’ Human Rights (Seoul Special Metropolitan City Ordinance No. 5247, Jan. 26, 201) and promulgated the Seoul Special Metropolitan City Ordinance on Students’ Human Rights (Seoul Special Metropolitan City Ordinance No. 5247, Jan. 26, 2012), which was jointly signed by 97,00 residents residing in the Seocho-gu Seoul Special Metropolitan City.
(hereinafter referred to as “former Ordinance”). (b)
On September 21, 2017, the Defendant partially amended the Ordinance by Ordinance No. 6608 of the Seoul Special Metropolitan City Ordinance (hereinafter “instant Ordinance”) and newly enacted Article 5(3) as follows.
5(Right not to be discriminated against) ① Students shall have the right not to be discriminated on the grounds of gender, religion, age, social status, region of origin, country of origin, nation of origin, language, disability, physical conditions such as features, pregnancy or childbirth, family form or family situation, race, economic status, skin color, ideology or political opinion, sexual orientation, sexual identity, medical history, disciplinary action, sexual performance, etc.
(2) A founder, a manager, the head of a school, and teachers and staff member of a school shall actively endeavor to guarantee the human rights of students suffering from difficulties due to the examples under paragraph (1).
(3) No founder or operator of a school, the head of a school, school personnel, and students shall infringe on any third person's human rights through discriminatory speech, behavior, hate expressions, etc. on the grounds shown in paragraph (1).
In cases of Sep. 21, 2017>
C. Plaintiffs A, B, C, D, and E are the principals or teachers of elementary high schools located in Seoul Special Metropolitan City, and Plaintiffs F, I, L,O, R, U, and V are students attending the above schools, and Plaintiff X and AA are scheduled to enter the above elementary schools as of March 1, 2018.
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4, and 6 (including each number of branches), and the whole pleadings.