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(영문) 수원지방법원 2020.11.26 2019구합1464

전학처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts that there has been no dispute over the disposition;

A. On June 18, 2019, when the Plaintiff was enrolled in the second and fifth grade of C High School (hereinafter “instant school”), the Plaintiff saw out the appearance of E (hereinafter “victims”) that was enrolled in the second grade of D middle school as well as four middle students from the playter in the front area in Ansan-si, Ansan-si (hereinafter “victims”) on June 18, 2019, while attending the said school, and suffered injury, such as cerebril, etc., due to the face of the victim, bucks, bucks, shoulders, shoulders, etc. by the Plaintiff.

Article 2 Subparag. 1 of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “Act”) provides that “school violence” means activities involving physical and mental harm or damage to a human body through an injury, assault, confinement, intimidation, kidnapping, abduction, defamation, insult, extortion, coercion, forced or forced heart, sexual violence, bullying, cyber bullying, or obscene or violent information via an information and communications network.”

B. On July 9, 2019, pursuant to Article 17(1) of the Act, the Autonomous Committee on Countermeasures against School Violence at the instant school (hereinafter “instant committee”) requested the Defendant to take measures against the Plaintiff, such as a written apology against the victim student (Article 17(1)1), contact with the victim student and the reported or accused student (Article 17(1)1, prohibition of intimidation and retaliation (Article 2), and transfer (Article 8). The Defendant implemented the said measures on July 9, 2019.

(hereinafter referred to as the “instant disposition”), 2. procedural defect

A. The gist of the Plaintiff’s assertion is that the instant committee grants the judgment points on the seriousness, sustainability, degree of intent, degree of reflection of the aggressor student, and individual items of the degree of reconciliation in accordance with the detailed guidelines applicable to each measure against the aggressor student against school violence (Public Notice No. 2016-99 of the Ministry of Education, hereinafter “Public Notice”).