전학조치(처분)취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Details of the disposition;
A. The Plaintiff is a student who was enrolled in C High School E and I grade around July 2016.
B. On July 18, 2016, the Chigh School School Violence Countermeasures Autonomy Committee passed a resolution on the following measures: (a) on the ground that the Plaintiff exercised school violence on several occasions against the victim student (on April 28, 2016, when the chest side of the victim student was 2-3, when the victim student was pushed down on June 17, 2016, and when the victim student’s chest side was 1, July 11, 2016), the Plaintiff passed a resolution on the “five hours of full-time, student, and special educational course for the student”; and (b) on July 19, 2016, the Defendant notified the Plaintiff of the result of the said resolution.
(hereinafter “instant disposition”). C.
On July 21, 2016, the Plaintiff filed an application for reexamination with the Standing Committee on Students' Disciplinary Action with the Standing Committee of the Standing Committee of the Standing Committee of the Gyeongnam-do Office of Education, but it dismissed the application for reexamination on August 11, 2016.
On September 1, 2016, the Plaintiff filed an administrative appeal with the Gyeonggi-do Office of Education Administrative Appeals, but the Gyeong-do Office of Education dismissed the appeal on October 14, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s assertion recognized that the Plaintiff committed an erroneous act, and the Plaintiff’s parents did not engage in school violence again, and that the Plaintiff’s parents are also willing to guide the Plaintiff, and that the Plaintiff’s school-friendly districts also submit a written application to the Plaintiff that they want to take the Defendant, it is unreasonable that the instant disposition was unreasonable that the disadvantage suffered by the Plaintiff is too much larger than the purpose of the realization of public interest.
(b) as shown in the attached Form of the relevant statutes;
C. Determination 1) Act on the Prevention of and Countermeasures against School Violence (hereinafter “Act”)
According to Article 17(1) of this Act and Article 19 of the Enforcement Decree of the Act, when taking measures under Article 17(1) of the Act, the seriousness, continuity, and awareness of school violence that the aggressor student has exercised.