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(영문) 수원지방법원안양지원 2020.11.20 2019가합376

학교폭력위원회결과무효확인의소

Text

On March 22, 2019, the head of the D High School to which the defendant belongs contacts with the plaintiff on victim students and reported or accused students.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 3, 4, and 3, 4, and 6 to 9:

The Defendant is a school foundation that operates D High Schools (hereinafter referred to as “instant schools”).

On March 21, 2019, the Autonomous Committee on Countermeasures against School Violence in the instant case (hereinafter “the instant autonomous committee”) decided to request the principal of the instant case to issue a “measures against contact, intimidation, and retaliation against the reported or accused students by setting a period until February 29, 2020” pursuant to Article 17(1)2 of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “School Violence Prevention Act”) to the school principal of the instant case on the basis of the reason of the measure, such as “two male and female high schools with intention,” with respect to the Plaintiff who was attending the second grade of the instant school at the time of opening the meeting while all eight members, including five members including the members representing parents, were attending the meeting.”

B. Prior to the discussion on the above resolution, there was an opinion as to whether to take measures and the degree of measures among the members present.

Some members presented their opinions that there is no fact that the plaintiff did not have significant damage and that there was no direct threat, and that there was no act of ging a speech or facing body, etc., so that the case is difficult to determine a specific measure, and one of the members suggested the opinion that "no measure is taken."

On the other hand, some of the members have only two male persons for the purpose of protecting themselves, and the plaintiff's statement on the identity of one male among two male persons is not sufficient enough in front and rear, and the plaintiff's statement on the identity of one male is insufficient. ② In front of the school, the plaintiff is like two male persons, and he is asked around the name of the victim E.