서면사과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff and E (hereinafter “victim students”) are students attending the same half of the D High School, a public school established and operated by Gyeonggi-do.
B. Around June 2018, while the Plaintiff talked with F, a half of the same class in the classroom, F first referred to the Plaintiff as “Nei E Eup” and immediately referred to as “Ni E Eup”, the Plaintiff called “Ni E Eup Eup”.
(hereinafter “instant act”). C.
On June 27, 2018, the Autonomous Committee on Countermeasures against School Violence in D High Schools (hereinafter “Autonomous Committee”) held a meeting and decided to request the Defendant to take measures against the victim student under Article 17(1) of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”) on the ground that the Plaintiff and F were exercising the right to insult or defamation of the victim student in relation to the instant act.
On June 29, 2018, the Defendant issued a disposition to the Plaintiff and F to require the Plaintiff to make a written apology against the victim student, as the content of each of the above decisions.
(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Eul’s evidence Nos. 1 through 7, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion of this case should be revoked as it is unlawful due to procedural and substantive defects as follows.
(1) The Defendant, in violation of the duty of advance notice of procedural defects, only notified the fact that the meeting of the autonomous committee was held due to school violence involving the Plaintiff, and did not give specific written notice as to what school violence is and the date and time of the meeting of the autonomous committee.
In addition, prior to the opening of the meeting of the autonomous committee, the letter, text and written notice were given.
Accordingly, the plaintiff and his parents shall be subject to specific agenda of the meeting of the autonomous committee.