(영문) 서울고등법원 2014.10.01 2014누40168

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2014.10.01 2014누40168

출석정지처분 등 취소청구의 소

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is as follows, with the exception that the court of first instance partially renders the reasons for the judgment as follows:

Therefore, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

[Supplementary measures against the Plaintiff (hereinafter “instant measures”) shall be taken against the Plaintiff on April 24, 2013 as follows: (a) the first instance judgment: (b) 8 of the first instance judgment, stating that the Defendant shall be exempted from the application of the Act on the Prevention of School Violence, which is a special law, on the ground that the Act on the Prevention of School Violence, is first applied to the instant disposition; and (c) the application of the Act on the Administrative Procedures, which is a general law, shall be excluded from the application of the Act on the Prevention of School Violence, as the Act on the Prevention of School Violence, which is a special law.

Article 3(2)9 of the Administrative Procedures Act and Article 2 subparag. 8 of the Enforcement Decree of the Administrative Procedures Act provide that the Administrative Procedures Act does not apply to “matters conducted for students, trainees, etc. in order to achieve the purpose of education and training in schools, training institutes, etc.”

However, in light of the legislative purpose of the Administrative Procedures Act and the contents of Article 3(2)9 of the Administrative Procedures Act to ensure the participation of the people in the administrative process and the fairness, transparency, and reliability of the administration, and to protect the rights and interests of the people, etc., a disposition that, in light of the nature of the Administrative Procedures Act, does not exclude the application of the Administrative Procedures Act to the whole “matters to be conducted by students, etc. in order to achieve the purpose of education from schools,” but requires a disposition that is deemed difficult

참조조문

유사 판례

-서울고등법원 2018.05.09 2017누43984

-대법원 2018. 3. 13. 선고 2016두33339 판결

-광주고등법원 2020.11.13 2020누11632

-서울고등법원 2015.06.04 2014누62502

-수원지방법원 2020.01.30 2019구합70071