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(영문) 대구지방법원 2018.07.04 2017구합23959

가해학생징계처분 무효확인 청구

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs, along with K, a victim student in 2017 (hereinafter “victim student”), are male students who were enrolled in the second grade of J elementary school.

The defendant is the principal of J Elementary School (hereinafter referred to as the "School").

B. On September 13, 2017, the mother L, the guardian of a victim student, reported to the Defendant that “victims suffered sexual assault from the Plaintiffs.”

C. On September 19, 2017, the Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) requested the Defendant to take each of the following measures from July 2, 2017, pursuant to Article 17(1) of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “Act on the Prevention of and Countermeasures against Violence in Schools”) against the victim students on the ground that the Plaintiffs exercised school violence against the victim student: (a) written apology to the Plaintiff (subparagraph 1); (b) contact with the victim student and the reported or accused student; (c) contact with the victim student; (d) prohibition of intimidation and retaliation against the victim student; (e) special education by internal and foreign experts; or (v) two (v) hours of psychological treatment; (e) around the end of July 22, 2017, the Plaintiffs and the victim student; (f) L, C (the Plaintiff’s mother); (g) the Plaintiff’s mother; and (g) GI from July 27, 2017.

원고들은 캠핑카 안에서 피해학생과 함께 영화를 보다가 장난으로 웃기는 놀이를 하자며 바지를 내리고 엉덩이를 흔들며 춤을 추었고(이를 일명 ‘짱구춤’이라고 한다), 피해학생에게도 바지를 내리고 춤을 추라고 재촉하였으나, 피해학생은 이를 거부하였다.

Accordingly, the plaintiffs did not show the motion picture unless they get to and dance the victim student.

A victim student made his/her land his/her land.

(hereinafter “First School Violence”). Plaintiffs D, G on July 22, 2017, Plaintiff D, and G around the end.