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(영문) 수원지방법원 2020.07.09 2019구합74233

피해 학생에 대한 서면사과 등 처분의 취소 등

Text

Among the lawsuits in this case, the part seeking confirmation and revocation of the special education completion measures against the guardian shall be respectively.

Reasons

1. Details of the disposition;

A. The Plaintiff and C were enrolled in the first and second grade in B middle school in 2019.

B. On November 6, 2019, C filed a report on school violence with the purport that the Plaintiff was injured by verbal violence and physical violence, thereby suffering from injury, etc. Around November 6, 2019. The content of the measures taken based on the Act on the ground of an aggressor student’s disciplinary action is as follows: (a) written apology for the victim student under Articles 17(1)1 and 17(1)4 of the former Act on the Prevention of School Violence (No. 1); (b) community service three days (No. 4); (c) special education under Article 17(3) and 17(9) of the former Act on the Prevention of School Violence (No. 4 hours for students and five hours for guardians); (c) special education under Article 16(1)3 of the former Act on the Prevention of School Violence (No. 17(1)1 and 3 of the former Act on the Prevention of School Violence); (c) 2, 4(1) and (3) hours of service at school of the victim student under Article 17(1).

C. On November 21, 2019, the Autonomous Committee on Countermeasures against School Violence at Middle School (hereinafter “the instant autonomous committee”) attended a meeting by five members from among the seven members of the total number of seven members, and after confirming the fact that both the Plaintiff and the Defendant committed violence, the Plaintiff and the Defendant decided to take the following measures against the Plaintiff and C in accordance with 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 School Violence”).

Accordingly, on November 25, 2019, with respect to the Plaintiff and C, the Defendant took the same measures as the above measures decided by the instant autonomous committee as the grounds for the following measures (i.e., written apologys against the Plaintiff, community service, and special education, collectively referred to as the “instant disposition,” and (ii) taken measures to complete special education with respect to the Plaintiff’s guardian.

Grounds for action: both parties.