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| TITLE | Daegu High Court Decision 2024Na13730, dated November 13, 2024: Appeal [full Text] |
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| Summary | |
| [Main Issues and Holdings] At High School B operated by Party A, the student Party C took an English exam in the first period and a data science exam in the second period. During the bag inspection that was conducted after the conclusion of the data science exam, Bluetooth headphones were discovered inside the bag of Party C. As a result, the Grading Management Committee of High School B resolved to issue a score of 0 for both the English and data science tests taken by Party C on the grounds of misconduct under the Academic Regulations. In response, Party C filed suit against Party A, seeking an invalidation of the above resolution. In such a case, the Court determined that the act of storing the Bluetooth headphones in a bag that was hanging from a desk in the examination room was an act of bringing in items that were prohibited from the examination room, so even if there was no intent to harm the fairness of the test, or harming fairness was impossible from a practical perspective, this act still qualifies as misconduct under the above regulations, and in light of the various circumstances, the above resolution cannot be deemed as a deviation from, or abuse of, discretionary authority. | |
