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(영문) 수원지방법원 2017.02.03 2015구합3097

서면사과처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a student in Gyeonggi-do D High School, and the defendant is the principal of D High School.

B. On July 30, 2015, following the resolution of the Autonomous Committee on Countermeasures against School Violence, the Defendant issued a written apology and a disposition against the Plaintiff under Article 17(1)1 of the Act on the Prevention of and Countermeasures against Violence (hereinafter “School Violence Prevention Act”) for the following reasons (hereinafter “instant disposition”).

On July 6, 2015, around 1st 8th eth eth 2th 2015, the victim G (hereinafter referred to as "victim") has expressed his or her desire to sexual intercourse with his or her own Facebook, and the victim G (hereinafter referred to as "victim") left his or her comments.

Since then, regardless of the friendly job offering of E, H, and I's verbal dispute, the victim heard her her flocks that her flocks had been her flocked before his her flocks, and her flocks were her flocks, and her flocks

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the disposition of this case was made even though the plaintiff did not perform an act corresponding to the bullying under the School Violence Prevention Act, and the above disposition should be invalidated or revoked as there is no ground for the disposition.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. According to Article 2 Subparag. 1 of the Act on the Prevention of School Violence, “school violence” refers to an act involving physical or property damage caused by an injury, assault, confinement, intimidation, kidnapping, abduction, defamation, insult, coercion, coercion, sexual violence, bullying, cyber bullying, or obscene violence information via an information and communications network against students inside or outside of school. According to Article 2 Subparag. 1-2 of the Act on the Prevention of School Violence, two or more students are continuously intended for a specific person or a specific group of students inside or outside school.