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(영문) 인천지방법원 2020.05.15 2019가합60164

징계조치처분무효확인 청구의 소

Text

1. The principal of the E High School operated by the Defendant prohibition of contact, intimidation, and retaliation against the Plaintiff on April 5, 2019.

Reasons

1. Basic facts

A. The Defendant is an educational foundation operating Ehigh School, and the Plaintiff is a student who was in the second grade of Defendant School in 2019.

On March 16, 2019, the Plaintiff divided the conversations with the same school-friendly job offer F and G with the same school-friendly job offer F and G (hereinafter “instant dialogue”). The details of the conversation include the part in which H and I, a female student of the same school, were the location of the conversation.

B. Around March 17, 2019, H discovered that the Plaintiff’s ID and password were stored in the tables that he borrowed from the line of E High School line (round February 17, 2019, the Plaintiff had been set up in the book of Blusbuk in Blus book). At his own discretion, H came to know of the instant conversation in the above account, and reported it to Ehigh School while sharing I and I.

C. On April 2, 2019, the E-high school Autonomous Committee on Countermeasures against School Violence (hereinafter “instant autonomous committee”) recognized that the dialogue between the Plaintiff and F and G constituted school violence, and decided to request the head of E-high school to take measures of “the severity of school violence” (three points), “the severity of school violence” (0 points), “the severity of school violence” (3 points), “the degree of reflection of the aggressor student,” “the prohibition of retaliation,” “the suspension of attendance, five days suspension of attendance,” “the replacement of classes,” and “the number of special education completed five hours” in accordance with the attached Table of the notification of the detailed standards applicable to each measure against the aggressor student under the Act on the Prevention of and Countermeasures against School Violence and the Enforcement Decree of the Act.

On April 5, 2019, the head of the E-high school imposed on the Plaintiff a disposition of “five days of suspension of attendance, replacement of classes, and five hours of special education” on the following grounds in accordance with the resolution of the instant autonomous committee, and then imposed a disposition of “Prohibition of Contact, Intimidation, and Retaliation.”