beta
(영문) 인천지방법원 2020.07.14 2019가합61112

전학조치 무효확인의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff and E (hereinafter referred to as “victims”) were enrolled in the first year in F High School (hereinafter referred to as “instant school”) operated by the Defendant in the first semester of 2019, and were living in the school dormitory G of this case with two other dynamics.

On June 2, 2019, the injured student sent to the teachers of the school of this case a letter that he was assaulted by the plaintiff.

The Autonomous Committee on Countermeasures against School Violence (hereinafter “the Autonomous Committee”) opened a meeting on June 14, 2019, and requested the school of this case to take measures to “the Plaintiff’s physical violence and sexual humiliation against the victimized student by the end of March through the end of May,” and “the victimized student complained of the physical and mental shock, etc.” under Article 17(1)2 of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former School Violence Prevention Act”) against the Plaintiff on the ground that “The Plaintiff’s contact with the victimized student and the reported or accused student, the prohibition of intimidation and retaliation, ② transfer to another school, and ③ additional special education for five hours”, and ① the Plaintiff’s school of this case to take measures to provide counseling and counseling, and to provide medical treatment for the victim student under Article 16 subparag. 1 and 2 of the former School Violence Prevention Act.”

The principal of the instant case shall be the Plaintiff on June 17, 2019.

of the measures described in subsection (b) above, "Transfer Measures" is referred to as "Transfer Measures."

The plaintiff notified that he had been transferred to another school, and the plaintiff transferred to the other school. 【The fact that there was no dispute over the grounds for recognition, Gap evidence Nos. 1, 2, and 24, Eul evidence No. 1, and Eul evidence No. 1, and the overall purport of the arguments, which is the physical damage of the student who suffered from the gist of the plaintiff's assertion was not derived from the plaintiff's intentional violence, but from the act of infertility.