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(영문) 서울행정법원 2016.04.21 2015구합10612

교내봉사5일처분취소

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. Between April 2014 and June 201, when the Plaintiff was attending D Middle School 1 and 6, from April 2014 to June 2, 2014, the Plaintiff and the Plaintiff, together with the Plaintiff, committed a speech and behavior to insult other children in classrooms, special rooms, and corridors, etc.

(A) The Plaintiff, etc. play with the word “disabled person” and “Dongcheon School,” and she spawed by being pushed by G with the word “disabled person” and “Dongcheon School.” The Plaintiff, etc., upon receiving the instruction of the school teachers, she took part in the last half of the year of 2014, and she took part in the act of playing and following G while she did not have any friendship (hereinafter referred to as “the instant harmful act”) by entering the second semester, and filed a report on the matter with the school life counseling division, arguing that the Plaintiff, etc.’s series of acts by the Plaintiff, etc. were difficult to lead school life.

B. On October 22, 2014, the Autonomous Committee on Countermeasures against School Violence at D Middle Schools (hereinafter “Autonomous Committee”) determined that the instant harmful act constituted “school violence” as prescribed by Article 2 subparag. 1 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”), and decided to request the Defendant to take measures for five days of school attendance under Article 17(1) subparag. 3 of the School Violence Prevention Act on the ground of the instant harmful act.

C. On October 23, 2014 at the request of the autonomous committee, the Defendant rendered a five-day disposition against the Plaintiff on the ground of the instant harmful act (hereinafter “instant disposition”). D.

On January 26, 2015, the Plaintiff dissatisfied with this, filed an administrative appeal with the Seoul Special Metropolitan City Office of Education Administrative Appeals Commissions, and the Seoul Special Metropolitan City Office of Education Administrative Appeals dismissed it on June 24, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 7, Eul evidence Nos. 1, 7, 8, and arguments.