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(영문) 서울중앙지방법원 2016.02.05 2015가합500748
퇴학처분취소 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 1, 2013, the Plaintiff was incorporated into the three-year course in English and English course at C University operated by the Defendant (hereinafter “C University”).

B. On January 22, 2014, the professor D, E, and F of the Department in English of C University requested a disciplinary action against the Plaintiff on the ground of “the act of making a request for false acquisition of credits after forging private documents, defamation and intimidation, and interference with academic affairs” to the C University Student Disciplinary Committee (hereinafter “Reward Committee”).

C. On May 4, 2014, the Standing Committee held a five-time committee, and on May 4, 2014, on the ground that “the act of forging and uttering private documents, intimidation against professors and instructors to acquire credits, defamation and false accusation against the head of the English Department in English and the Standing Committee, and the act of interfering with school affairs through telephoneing in the school affairs management office,” against the Plaintiff (hereinafter “instant expulsion from school”).

Around June 10, 2014, the Standing Committee commenced a retrial on the expulsion from school of this case upon the request of a faculty member in English and English language, but rendered a decision to maintain the expulsion from school of this case on September 3, 2014.

E. The Defendant’s school regulations stipulate that “If a student under his/her control violates school regulations or commits any act contrary to his/her principal portion, he/she may be subject to disciplinary action” (Article 62(1) of the school regulations). The specific grounds for disciplinary action include “a person who has damaged the honor of a school or committed any act beyond his/her status.”

Article 24(1)(3) of the Rules on Students (Article 24(2)(3) of the Rules on Students; hereinafter the same shall apply), witness G’s testimony and the purport of the whole pleadings, with respect to the absence of dispute; 1, 7, 8, 11, 12, 17 through 23, 31, 34 through 38.

2. Judgment on the claim to nullify the invalidity of the expulsion from school of this case

A. The expulsion from school against the Plaintiff is null and void for the following reasons.

1 The Plaintiff is an external instructor of C University in the second semester of 2013.

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