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(영문) 수원지방법원 2018.12.19 2018구합67634

학교폭력 가해학생 징계 처분 취소 청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, E, and F (hereinafter “victims”) are enrolled in the three-year course in the D Middle Schools (hereinafter “D”) in 2018.

B. On March 16, 2018, the Autonomous Committee on Countermeasures against School Violence in D (hereinafter “instant Committee”) held a meeting of the instant Committee on the grounds that the Plaintiff exercised school violence against victim students with G and H, and decided to take measures against the Plaintiff for five hours and five hours of special education of students pursuant to Article 17(1)1, 2, 5, and 6 of the Act on the Prevention of and Countermeasures against Violence (hereinafter “School Violence Prevention Act”), pursuant to Article 17(1)1, 2, and 6 of the Act on the Prevention of and Countermeasures against Violence (hereinafter “School Violence Prevention Act”).

The specific grounds for each measure against the plaintiff are as follows:

Around February 21, 2018, E-I reported the pictures posted to E-I, and the Plaintiff left the comments blishing and blishing the victim students. The Plaintiff, which was deemed not to act in the victim, used his/her lineal ascendant and descendant and blishing on several occasions, and thereafter, the victim students are placed (hereinafter “instant school violence”).

On March 19, 2018, the Defendant issued a written approval to the Plaintiff on March 19, 2018, a disposition of contact with the victim student, prohibition of intimidation and retaliation, special education completion or psychological treatment by internal and foreign experts (18 hours and 6 hours of guardian), five days of suspension of attendance (hereinafter “instant disposition”), and five hours of special education for the student, five hours of special education for the guardian, and five hours of special education for the guardian.

The plaintiff was dissatisfied with the disposition of this case and filed a petition with the Gyeonggi-do Office of Education for adjudication.