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(영문) 광주지방법원 2019.10.10 2019구합10986

징계처분 취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a student enrolled in the D High School, while E is a student enrolled in the F High School (hereinafter “victim”).

나. 원고와 피해학생 사이에 원고의 남자친구 문제로 갈등이 생겼고, 원고는 G에 피해학생을 상대로 ‘걸레짓 역겹다’, ‘고추잠자리’, ‘공주님이다. 공짜로 주는 년’, ‘니가 좋아하는 풀발 풀발은 남자의 성기를 뜻하는 은어이다. 개떴는데 어디감’ 등의 글을 게시하였고, 원고의 친구들이 이에 가세하여 피해학생을 비난하고 성적으로 비하하는 내용의 댓글을 달았다.

C. On January 3, 2019, the Defendant’s Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) deliberated on a case that “the Plaintiff and 12 Plaintiff’s her friend-gu 12 days from December 7, 2018 to December 11, 2018, expressed comments and false information about the victim’s desire to feel sexual humiliation and feel sexual humiliation,” and then notified the Plaintiff of the measure taken under Article 17(1)1 of the Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former School Violence Prevention Act”) against the Plaintiff. The Defendant decided to order the Plaintiff to take five hours of special education under Article 17(4), five days of social service under subparagraph 4, five days of special education under paragraph (3), and five hours of special education by guardian under paragraph (9) from January 4, 2019 (hereinafter “instant autonomous committee”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 10, 11, Eul evidence 1, 2 and 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was made in deviation from and abuse of discretionary power.

(b) as shown in the attached Form of the relevant statutes;

C. One way of determination is to protect the human rights of students through the protection of victim students, the guidance and education of aggressor students, and the mediation between victim students and aggressor students.