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(영문) 대전지방법원 2015.02.05 2014구합103656

전학처분취소

Text

1. The Defendant’s respective dispositions of transfer made to the Plaintiff as of July 10, 2014 and August 1, 2014 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if Gap evidence No. 1 and Eul evidence No. 25 (including the serial number; hereinafter the same shall apply) show the whole purport of the pleadings:

The plaintiff is a student who was enrolled in the second grade of the above school on March 2013, 201, and was enrolled in the D High School located in Seosan-si as of March 2013.

B. (i) On July 1, 2014, the Plaintiff received a disposition of community service order 15 days on the ground that the Plaintiff assaulted against the same anti-student E on May 13, 2014, and fulfilled the said community service order.

B. On June 2014, the community service order as seen above, the Plaintiff and E had a dispute. On July 1, 2014, the Defendant held a meeting of the Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) on the ground that “the Plaintiff exercised school violence at retaliation against E” (hereinafter “Autonomous Committee”).

Referencely, the defendant did not give any notice to the parent, who is the plaintiff's guardian, before the day during the meeting, and known the mother of the plaintiff on the day that the committee meeting had been held by telephone. However, the defendant responded that it is difficult to receive contact on the day due to the workplace attendance relationship.

x the defendant, without the plaintiff's guardian's presence, proceeded with the meeting of the autonomous committee.

(hereinafter “First autonomous committee meeting of this case”). The autonomous committee requested the Defendant to “the full-time school disposition” against the Plaintiff as a result of the said meeting.

C. On July 10, 2014, the Defendant explained to the effect that the above content would be invalid, upon receiving a claim from the Plaintiff’s guardian notified of the foregoing decision, and that the Defendant held a meeting of the autonomous committee on July 9, 2014.

(hereinafter “Secondary autonomous committee meeting”). At the time of July 1, 2014 without changing or changing the members of the said autonomous committee.