가해학생 징계조치처분 취소청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On February 20, 2017, the Plaintiff was enrolled in the third grade of E Middle School and graduated from the said middle school on February 20, 2017, and was enrolled in the said high school, while attending the said high school, and the F and Ten students, who were enrolled in the first grade of the said middle school and were promoted to the second grade of the said middle school on February 2017, are currently enrolled in the said middle school.
From February 2, 2017 to March 2017, 2017, the Plaintiff received advice from G that the Plaintiff demanded money and received intimidation by linking victim students to G.
b. Documents and documents based on the measures taken, and Article 17(1)1 of the School Violence Prevention Act (hereinafter “School Violence Prevention Act”) Article 17(1)2 of the Act on the Prevention of Violence, Etc. (hereinafter “School Violence Prevention Act”) Article 17(3)2 of the Act on the Prevention of School Violence, Etc. (hereinafter “School Violence Prevention and School Violence Prevention Act”) Article 17(1)5 of the Act on the Prevention of School Violence, Etc.
B. On March 20, 2017, at the request of the Autonomous Committee on Countermeasures against School Violence (hereinafter “instant autonomous committee”), the Defendant jointly organized EmiddleD High Schools and notified the Plaintiff of measures under the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”) with the following content on March 30, 2017:
(hereinafter “Disposition in this case”). [Grounds for recognition] A] without dispute; Gap evidence Nos. 1, 2, and Eul evidence Nos. 12 and 13; the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) The Plaintiff merely informed G of the name of F among the victim students by fraud or coercion from G demanding money, and did not have committed school violence by inducing the victim students to attack or assault, or to pay money. Thus, the instant disposition is unlawful without any grounds for disposition. 2) The principal offender of the instant disposition is G, and the Plaintiff is the victim, and the degree of the Plaintiff’s participation in the act is not excessive.