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(영문) 수원지방법원 2018.01.16 2017가합16788

징계처분 취소의 소

Text

1. Five days, among the measures that the Defendant issued against the Plaintiffs on May 19, 2017, the first five-day suspension of attendance and the second five-day additional order.

Reasons

1. Basic facts

A. The Defendant is an educational foundation that operates J High Schools in Gangnam-gu Seoul Metropolitan Government I (hereinafter “Defendant School”), and the Plaintiffs are students attending the second and third grade of Defendant School.

B. On May 17, 2017, the Autonomous Committee on Countermeasures against School Violence at the Defendant School (hereinafter “Defendant Autonomous Committee”) held meetings of the autonomous committee (hereinafter “instant meetings”) and decided to request the head of the Defendant school to take the following measures with respect to the Plaintiffs “the Plaintiffs from April 10, 2017 to May 2, 2017, the Plaintiff did not pay money to H (hereinafter “victims”) from around April 10, 2017 to around May 2, 2017, and made it difficult for the Plaintiffs to see themselves, not to hear instructions, and that the Defendant committed assault (hereinafter “the instant facts constituting the instant action”).

On May 19, 2017, at the request of the Defendant’s autonomous committee under the above resolution, the head of the Defendant’s school took disciplinary measures with the same content as the Defendant’s school autonomous committee requested (hereinafter “instant measures”).

The Plaintiffs received notice of the result of the instant disposition on May 22, 2017.

In classrooms, practice rooms, and drainage pumps from April 10, 2017 to May 2, 2017, the reason for the measure is to provide collective harassment and cooperation to victim students.

b. Written apologys against victim students under Article 17 subparag. 1 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”), and contact with victim students and reported or accused students under Article 17 subparag. 2 of the School Violence Prevention Act, and ratification of the suspension of attendance (10 days) of Article 17 subparag. 6 of the Act on the Prevention of and Countermeasures against Violence in Schools (10 days) - No. 5 days additional five days suspension of attendance - Special Education (student: 24 hours, parents: 5 hours) added to Article 17 subparag. 6 of the Act on the Prevention of and Countermeasures against Violence in Schools) - No. 1, 2, 3, and 18 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention