가해학생조치처분취소
The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Plaintiffs are students attending the first-year course of G High Schools located in G high schools located in G high schools in Gi-si, Young-si (hereinafter “Defendant Schools”).
B. On June 18, 2019, the Autonomous Committee on Countermeasures against School Violence at the Defendant School (hereinafter “instant autonomous committee”) held the second meeting of the Autonomous Committee on Countermeasures against School Violence (hereinafter “instant meeting”) and deliberated upon the agenda on the grounds of the measure that “the Plaintiff was taking the lead of Nonparty H (hereinafter “victim”) from the beginning of the semester in 2019.”
The instant autonomous committee determined that the Plaintiffs’ act against the victim student constitutes bullying, i.e., school violence. The determination score by the basic determination factor according to the detailed guidelines publicly notified by the Minister of Education for each measure against the victim student of the school violence (hereinafter “instant public notice”), 15 points in total, including the following: (a) the seriousness of the school violence; (b) the seriousness of the school violence (three points); (c) the sustainability (three points); (d) the degree of intentionalness (three points); (c) the degree of reconciliation (three points); (c) the degree of reconciliation (three points); (d) the degree of seriousness of school violence (three points); (c) the degree of sustainability (three points); (c) the degree of intent (three points); (c) the degree of reflection (3 points); and (d) the degree of reconciliation (3 points); and (c) the degree of reflection; and (d) the marks.
In accordance with Article 17(1)7 of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “School Violence Prevention Act”), the instant autonomous committee concurrently takes measures to replace each class against the Plaintiffs pursuant to Article 17(1)7 of the same Act (amended by Act No. 1641, Aug. 20, 2019; hereinafter “School Violence Prevention Act”), and takes measures to require written apology (No. 1), to prohibit contact and retaliation (No. 2), to complete special education (Article 17(3) and to take five hours of special education for the guardians of the Plaintiffs (Article 17(9)).