beta
(영문) 수원지방법원 2020.01.30 2019구합70071

학교폭력 징계처분 무효 확인 등

Text

1. The plaintiffs' primary claims are dismissed.

2. The Defendant’s disposition to replace the class against Plaintiff A on August 7, 2019; and

Reasons

1. Details of the disposition;

A. Plaintiff A and F (hereinafter “victimd student”) are students attending D Elementary School (hereinafter “instant school”) from March 2019 to January 1st, 201, and Plaintiff B and C are parents of Plaintiff A.

B. On August 5, 2019, the first meeting of the Committee on Countermeasures against School Violence (hereinafter “instant meeting”) held the first meeting of the Committee on Countermeasures against School Violence (hereinafter “instant meeting”) in the year 2019 with respect to “in spite of the victim’s intention to refuse to reject the victim’s actions, such as spiting, spiting, etc. the Plaintiff in the classroom and the care classroom, or taking the body special characteristics of the student.”

C. The instant commission decided to take each of the measures against Plaintiff A, “five hours of completion of the special education of a victim student” under Article 17(1)7 of the Act on the Prevention of and Countermeasures against Violence (hereinafter “School Violence Prevention Act”) and “five hours of completion of the special education of the victim student” under Article 17(3) of the same Act, and “five hours of completion of the special education of the victim student” under Article 17(9) of the same Act.

The defendant, on August 7, 2019, committed the following acts (hereinafter referred to as "each act of this case") upon the resolution of the court below on August 7, 2019 and ordered the plaintiff to do so:

The measure as described in the subsection (hereinafter referred to as “instant measure”) was notified.

1. When the plaintiff A gives his/her head to a victim student (hereinafter referred to as "first act") during his/her letter of admission on March 4;

2. 원고 A가 7월 초 오전에 교실에서 짝꿍인 피해학생에게 침을 뱉음(이하 ‘제2행위’라 한다)

3. Cultivating spits (hereinafter referred to as "third act") the Plaintiff spits or spits (hereinafter referred to as "third act") of a victim while spits or spits his/her hand in front toilets of care classes in July;

4. At the care class on July 19, the plaintiff A took place without good cause, and the plaintiff A took place on July 23, 200 in the winter and neck of the victim student.