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(영문) 부산고등법원 2017.05.12 2017누20422
징계처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court’s explanation of the instant case is that of the first instance court’s decision, except for the addition of the judgment on the Defendant’s assertion in the first instance court under Paragraph 2 below, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Further determination 1) The Defendant’s assertion D secondary school provided 809 students who participated in the instant briefing session, and the number of students who participated in the instant briefing session was only 271, and the time and place was difficult to determine the number of students in real time, and there was a reason to make it difficult for the Defendant to elect the representatives of parents at the parents’ plenary meeting because the degree of attendance was not certain. The Defendant provided that the parents’ plenary meeting consisting of the representatives of each class should elect the representatives of the instant autonomous committee at the parents’ plenary meeting. Since four members, such as H, I, J, and K, who were elected as executives at the above parents’ plenary meeting, were elected by other parents, it is difficult to view that the above four members were duly elected at the parents’ plenary meeting as representatives at the parents’ plenary meeting, based on the method and method of appointing the representatives of parents at the parents’ plenary meeting and the provision of Article 13(1) and (2) of the School Violence Prevention Act merely provided that the Defendant should elect the representatives at the total plenary meeting as prescribed by Presidential Decree.

In addition, according to the evidence submitted, the presentation of this case is conducted prior to the opening of the presentation.

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