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(영문) 의정부지방법원 2020.08.13 2020구합10215

서면사과처분취소

Text

The defendant's written apology and disposition against the plaintiff on January 3, 2020 shall be revoked.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff and E were students who were enrolled in the first half of the year D elementary school around 2019.

B. On December 4, 2019, E’s mother F reported school violence on the following: “The Plaintiff was faced with her head in the toilet corner and was treated for five strings at the hospital.”

On November 26, 2019, the reason for the measure is that the plaintiff is the plaintiff's non-key to the E student in this case in the 2nd male toilet near the school meal room around 30 minutes in November 26, 2019.

b. E students shall act to prevent the plaintiff by punishing the plaintiff by returning to the next two arms.

함. 원고는 E 학생의 팔을 잡아당겨(이하 ‘이 사건 행위’라 한다) E 학생이 화장실 모서리 부분에 부딪혀(이하 ‘이 사건 사고’라 한다) 오른쪽 머리를 꿰매야 하는 상처를 입힘. 원고가 E 학생의 팔을 잡아당긴 행위는 고의성은 매우 낮아 보이나 신체 피해를 유발한 행위에는 해당되어 학교폭력에 해당됨. 다.

On December 23, 2019, the Autonomous Committee on Countermeasures against School Violence in D Elementary Schools decided to regard the Plaintiff as the aggressor student and E as the victim student and to issue a written apology to the Plaintiff pursuant to Article 17(1)1 of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former Act on the Prevention of and Countermeasures against School Violence”).

On January 3, 2020, the defendant taken the above measures against the plaintiff according to the above resolution.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap’s evidence 2, Eul’s evidence 1 and 6, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is to revoke the instant disposition on the following grounds.

1. The non-existence of the grounds for disposition is merely an elementary school student who is 7 years of age at the time of the act in this case and thus, E would incur injury if he/she purchased E.