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(영문) 서울고등법원 2020.10.30 2020누41667
전학 등 처분 취소청구
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. As to the instant case cited in the judgment of the court of first instance, the reasoning of this court is as stated in the reasoning of the judgment of the court of first instance, except for partial revision as follows. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

In the second sentence of the second sentence of the judgment of the court of first instance, the phrase "in the process of modernization" shall be read as "in the process of modernization".

Article 2(1) of the former School Violence Prevention Act provides that “The Seoul Educational Administrative Appeals Commission” shall be construed as “the Seoul Educational Administrative Appeals Commission” in the third part of the judgment of the first instance. From the third part to the fifth part of the judgment. From the last part of the judgment of the first instance to the 7th part of the judgment, “in relation” in the 4, 6, 7, and 9th part of the school violence in 12 cases indicated as the ground for the disposition of this case, the Plaintiff did not commit such act, and the rest of the act is difficult to be considered as school violence under the former School Violence Prevention Act, or constitutes school violence.” Article 2(1)1 of the former School Violence Prevention Act provides that “In addition to the 7th part of the judgment of the first instance, the Plaintiff’s act of assault, threat of school violence in terms of school violence, information and communication network, coercion or other property damage, 3.5th part of the judgment, 5th part of the judgment, 16th part of the judgment, 3th part of the judgment of this case.

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