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(영문) 의정부지방법원 2018.05.31 2017구합14408

학교폭력징계조치처분 무효확인 등

Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

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

Reasons

1. Details of the disposition;

A. Plaintiff A is an elementary school student enrolled at D elementary school, and Plaintiff B and C are the parents of Plaintiff A.

B. Plaintiff A and E were enrolled in the fourth and fourth grade of D elementary schools around 2017.

On November 9, 2017, the mother of E reported school violence on the ground that Plaintiff A committed language violence and physical violence several occasions.

C. According to the aforementioned report, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “Autonomous Committee”) held a meeting on November 20, 2017, and made a resolution as follows (hereinafter “instant resolution”).

[ table] E measures for aggressor student A - stating that "A was able not to announce" (hereinafter "grounds 1") - A means that "A was able to play E system with F without publishing" (hereinafter "grounds 2") - On November 8, 2017, E in the class of the AM, E fells from the time it is intended to remove her her her her her her her her her her her her her her her her face from the moment (hereinafter "grounds 3"), and the her her her face from the early July 2017, 2017 - The measures taken against A and the measures taken against B - No her her her her her her her her her her her her her her her face, and the special her her her her her her her her her her her her her her face, and the special her her - her her her her her her her her her face.

D. Meanwhile, the instant decision recognized that the Plaintiff’s injury, such as “personal garbage”, was inflicted on the Plaintiff A, and decided to implement each of the measures taken by the guardian for one hour during which the special education for the guardian was completed, on the part of the Plaintiff, with respect to “E”, such as written apology, prohibition of contact, one hour after the special education was completed, and one hour after

E. On November 22, 2017, according to the resolution of the above autonomous committee, the Defendant notified the Plaintiffs, E, and their parents of each of the above measures (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 4, and Eul.