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(영문) 대전지방법원 2019.10.23 2019구합349

학교처분무효확인

Text

1. On November 15, 2018, the Defendant rendered services to the Plaintiff at one school and rendered special school education services for the Plaintiff.

Reasons

1. Details of the instant disposition

A. The Plaintiff and the victim student D (hereinafter “victim students”) are students attending the C Middle School which is a public school (hereinafter “instant school”), and B is the person with parental authority of the Plaintiff, and the Defendant is the principal of the said school.

B. On November 13, 2018, the Defendant issued a disposition of volunteer service and special education to the Plaintiff on November 15, 2018 following the resolution of the Autonomous Committee on Countermeasures against School Violence (hereinafter “the instant autonomous committee”) at the instant school (hereinafter “instant autonomous committee”) as follows:

(hereinafter referred to as “instant disposition”). On November 2, 2018, the reason for the disposition is to consider that three students of the same class A (Plaintiff), E, and F were to have neglected and without permission due to constant harassment, and that the majority of the victim students directly meet with and report to the school. Services and special education (5 hours of school service, 4 hours of special education, and 4 hours of parents) at the school under Article 17(1)3 of the Act on the Prevention of School Violence.

C. The Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Office of Education of Sejong Special Self-Governing City, but received a ruling of dismissal on January 23, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked on the following grounds.

1) A resolution adopted by the pertinent autonomous committee on the grounds of a serious defect in the process of election of members for parents of students with the instant autonomous committee is null and void, and the instant disposition is also null and void. 2) The Plaintiff only committed a “G” with the intent to make a victim student and did not suppose or neglect the victim student.

(b) The attached Form of relevant statutes is as follows.

C. Determination