가해학생처분무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff was a student attending E High School in Gangnam-gu Seoul in 2018 (hereinafter “instant school”) first grade 11 (hereinafter “instant class”) located in Gangnam-gu, Seoul, and the Defendant is a school foundation that operates the instant school.
B. On January 3, 2019, the Autonomous Committee on Countermeasures against School Violence in the instant school (hereinafter “the instant autonomous committee”) deliberated on 14 students, including the Plaintiff, as an agenda, on August 23, 2018 related to the F of the victim student (hereinafter “victim student”), (i) the conduct occurred at the time of participating in other schools festivals; (ii) the bullying that occurred on December 21, 2018; and (iii) the continuous harassment by a specific student.
C. On January 3, 2019, the instant autonomous committee requested the Plaintiff and its parents to take the following measures on the ground that the Plaintiff continued to bullying a victim student, and the principal of the instant school took the following measures against the Plaintiff on the same day (hereinafter “instant measure”).
The former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019) (hereinafter referred to as the “Act”).
Article 17 (1) 3 of the Act No. 17 (3) 4 hours of special education for the student of Article 17 (9) of the Act No. 17 (1) 3, 4 hours of special education for the student of Article 17 (9) of the Act No. 17 (1) 3, 1, 2, 15 of the Act, and the purport of the whole pleadings.
2. The plaintiff's assertion
A. Procedural illegality 1) Members of the Autonomous Committee on Countermeasures against School Violence shall be directly elected at the parents’ plenary meeting pursuant to Article 13(1) of the Act, and the Defendant shall be the members representing parents of the instant autonomous committee on March 20, 2018 (hereinafter “members representing parents of the instant case”).
(2) The Defendant elected the members for parents of this case, not the plenary meeting of parents but only the parents of the first and second years. 2) The Defendant is the members for parents of this case.