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(영문) 서울중앙지방법원 2019.06.12 2018가합5466

손해배상(기) 청구의 소

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The defendant is a local government to which the head of the Gangseo-gu Seoul Metropolitan Office of Education (hereinafter referred to as the "head of the pertinent district office of education") belongs, and B enters the D Middle School in 2013 (hereinafter referred to as the "D Middle School") and was enrolled in the third and fifth classes in 2015, and the plaintiff and C are the parents of B.

B. Disciplinary action against B’s act of sexual harassment 1) The Autonomous Committee for Countermeasures against School Violence in D Middle Schools (hereinafter “School Exposure”) is called “School Exposure.”

(2) On July 15, 2013, B (the first grade year at that time), on the ground that sexual harassment against a class female student was conducted, the Plaintiff, as referred to in B, prepared and submitted a letter of commitment to prevent recurrence on the school width. B, on August 6, 2013, filed an administrative appeal requesting the revocation of the above disciplinary action with the Seoul District Office of Education Administrative Appeals (Administrative Appeals Commissions of Seoul), but the decision was dismissed on November 29, 2013. On February 25, 2014, the Plaintiff filed a lawsuit seeking revocation of the above disciplinary action under the Seoul Administrative Court 2014Guhap4313, but was dismissed on January 9, 2015, and the appellate court (Seoul High Court 2015Nu32706) and the appellate court (Supreme Court 2016Du39788, May 28, 2016).

3) Meanwhile, the Plaintiff accused of the charge of violating the Act on the Prevention of and Countermeasures against Violence, such as intimidation, coercion, alteration of private documents and events, preparation of false public documents, abandonment of duties, defamation, and violation of the Act on the Prevention of and Countermeasures against Violence, etc. However, each of the above cases was concluded as a non-prosecution disposition by the prosecution or a non-prosecution disposition by the prosecution (Evidence of Evidence). (C) A secondary school held a school guidance committee to take five times from June 2014 to June 2015, it issued a disciplinary disposition, such as special education completion, suspension of attendance, internal service, community service, etc., five times against the five larcenys committed by the above middle school from June 201 to June 2015.

2 B shall be subject to the above disciplinary action against the Seoul Metropolitan Office of Education Administrative Appeals.