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(영문) 인천지방법원 2018.06.07 2017구합53983

출석정지처분 등 취소 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 21, 2017, the Autonomous Committee on Countermeasures against School Violence in D Middle Schools (hereinafter “Autonomous Committee”) held a meeting on the grounds that the Plaintiff, a second-year student, committed the following acts (hereinafter “instant act”) with E and F, which were the students of the second-year student, and requested the Defendant to take measures, such as contact with victim students and reported students under Article 17(1) of the Act on the Prevention of and Countermeasures against Violence (hereinafter “School Violence Prevention Act”), the prohibition of intimidation and retaliation against the students of the second-year student, five hours’ psychological treatment, ten days’ attendance suspension, six hours’ special education, etc. Accordingly, on August 25, 2017, the Defendant notified the Plaintiff of such measures as contact with the victim students and reported students, the prohibition of intimidation and retaliation, the psychological treatment of five hours’ attendance, the suspension of attendance within ten days, and the special completion of six hours’ education for students:

(hereinafter “instant Disposition”). On June 2017, the Plaintiff: (a) sent E and F to a toilet on the first floor; (b) sent E and F to F to observe the front of the toilet; (c) sent E to a toilet; (d) brought E into the toilet, and asked E to check whether he/she had followed his/her back in the toilet column; and (e) took 3 to 4 parts, such as a knife, a knee, a knee, and a knee knee.

b. The Plaintiff’s assertion that, over a number of times on June 2017, the Plaintiff would have madle E to her back to the corridor, and that, if she talks about another person, he/she would have her to take part in his/her ship if he/she entered or was in a toilet, he/she would have taken part in his/her ship, and she would tear her ship.

b. On July 12, 2017, the Plaintiff’s entry in Gap evidence Nos. 1 through 3, and the purport of the entire pleadings is as follows: (a) the Plaintiff asked F to see whether he/she was her back to her, she was her back to her; (b) sound was her; (c) sound was her part of F having her face with sound and her hand. (iv) The Plaintiff’s entry in Gap evidence Nos. 1

2. Whether the disposition is lawful;

A. The plaintiff's assertion 1 E and F is an adverse G instruction between the plaintiff and the plaintiff in school violence.