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(영문) 대구지방법원 2016.05.25 2015구합1153

서면사과처분취소

Text

1. The disposition taken by the Defendant against the Plaintiff on January 12, 2015 regarding “a written apology against the victimized student (E)” shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is a student who was enrolled in the fifth year of the D Elementary School around October 2014, and the fourth year of the F Elementary School around October 2014.

The number of days or time of the determination of the measures to be taken by the student name law

1. Measures E (F I4-3), , and ;

2. Ten days (ten hours) for psychological counseling and advice under Article 16 (1) 1 of the Protection Measures A (5-4) for victim students;

B. On October 16, 2014, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “Autonomous Committee”) held a meeting on the grounds that the Plaintiff and E exercised school violence (physical violence) to each other, and decided as an aggressor student and a victim student, and decided as a measure against an aggressor student, the Plaintiff’s measure against the aggressor student was taken, and “psych counseling and advice” as a measure against a victim student. On October 21, 2014, the Defendant notified the Plaintiff and E of the result of the autonomous committee as follows.

The number of days or time of the determination of the measures to be taken by the student name law

1. No measures A (5-4) shall be taken against aggressor students (parents);

2. E (Fwel 4-3), , and . for the protection of victim students;

C. The F Elementary School autonomous committee opened a meeting on October 16, 2014 to resolve both E and the Plaintiff as “no measure” without distinguishing aggressor students and victim students. On November 19, 2014, the F Elementary School principal notified the result of the autonomous committee in accordance with the above resolution, and entered both the Plaintiff and E in the aggressor student and victim student column, and the “content of the measure” column as “no measure”.

On November 27, 2014, the mother C, who is the Plaintiff’s guardian, filed a request for reexamination as follows pursuant to Article 17-2(1) of the Act on the Prevention of and Countermeasures against Violence at School (hereinafter “School Violence Prevention Act”) with the Daegu Metropolitan City Regional Committee for Countermeasures against School Violence (hereinafter “Local Committee”), and with respect to the decision that the F Elementary School E did not take the above measures.

On the other hand, the guardian of E and E shall be the D Elementary School autonomous committee.