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(영문) 서울행정법원 2019.04.04 2018구합63136

출석정지처분 등 취소청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was enrolled in D Elementary School (hereinafter “instant school”) from March 2012 to February 2018, and then was enrolled in a middle school after graduating around February 2018.

B. On November 16, 2017, when the Plaintiff, E, F, G, and H (hereinafter collectively referred to as “Plaintiff, etc.”) attending the school of this case was reported to exercise school violence to I (hereinafter “victim student”), a female student of the same half of the same month (hereinafter “victim student”), the Committee held a meeting on the 21st of the same month (hereinafter “instant meeting”) and deliberated on the guidance and education measures against the Plaintiff, etc., and decided to request the Defendant to take the following measures against the Plaintiff, etc.:

(1) Prohibition of contact, intimidation, and retaliation against victim students and reported or accused students under Article 17 (1) 2 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter referred to as the “Act on the Prevention of and Countermeasures against Violence in Schools”)

C. On November 24, 2017 upon receipt of the aforementioned request, the Defendant taken the same measures as described in the foregoing Paragraph on the ground that “the Plaintiff et al. took a hummatic and insulting speech to the victim student who is a female student in the same half-year class from February 2, 2017 to June 5, and within the same half-year class.”

(2) The Plaintiff 10 days of the above suspension of attendance (hereinafter “instant disposition”) filed an appeal seeking revocation of the disposition of suspension of attendance as the Seoul Administrative Court 2018Guhap62935, and F, the Seoul Administrative Court 2018Guhap6306, respectively. However, E was sentenced to the dismissal ruling on November 29, 2018, and F, on December 21, 2018, and each of the above rulings became final and conclusive.

The plaintiff is dissatisfied with the disposition of this case.