징계처분무효확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the following additional determination, and thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
(The findings of fact and judgments of the first instance court shall not be different, considering the allegations and evidence added in the trial. 2. Additional decision
A. Summary of the Plaintiff’s assertion 1) Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”).
Since the definition of school violence does not specify the concept of "sexual harassment" in the definition of school violence, it is unlawful to punish the plaintiff for that reason. 2) The defendant did not take the procedure prescribed in the School Violence Prevention Act in accepting the case and investigating the case.
B. Determination 1) The method of determining whether sexual harassment constitutes school violence is defined as an act resulting in physical or property damage by providing for matters necessary for the prevention of and countermeasures against school violence (Article 2 of the School Violence Prevention Act) with the aim of protecting the human rights of the victimized student and fostering the students as healthy members of society through the protection of the victimized student, leading and education of the aggressor student, and mediation between the victimized student and the aggressor student (Article 1). “School Violence” is defined as an act resulting in physical harm or property damage by means of an injury, assault, confinement, intimidation, abduction, defamation, insult, coercion, coercion, coercion, coercion, coercion, coercion, coercion, coercion, coercion, coercion, coercion, and obscenity information via an information and communications network (Article 2 of the Act on the Prevention of School Violence and the language and text of the aforementioned definition thereof). It is reasonable to view school violence as an act similar to or similar to the above-mentioned act, which is accompanied by physical harm or property damage to the student.