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(영문) 부산지방법원 2019.02.20 2018가합48003

징계처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is an educational foundation operating the E-school located in Busan Shipping Daegu D (hereinafter “Defendant school”), and the Plaintiff and F are students who were enrolled in the first year in the Defendant school in 2017.

B. On December 8, 2017, the Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) held a meeting as a matter of exercising school violence (hereinafter “school violence in this case”) on the part of the F and the Plaintiff, such as assaulting and abusiveing each other, and decided to take the following measures pursuant to the Act on the Measures for the Prevention of School Violence (hereinafter “Act on the Prevention of School Violence”), recognizing the Plaintiff as an aggressor student and the victim student, and the F as the aggressor student. The head of the Defendant school notified the Plaintiff of the result of the said resolution on December 12, 2017.

(B) On November 30, 2017, F and the Plaintiff (hereinafter “instant disposition”). Around 08:30 on November 30, 2017, F and the Plaintiff spited the Plaintiff, and the Plaintiff satisfed the Plaintiff, and the Plaintiff satisfed the Plaintiff, and the Plaintiff satisfed into F, and the fighting began. Since then, F satf sat down the Plaintiff’s head after pushing the Plaintiff on the wall, and the Plaintiff satf sat down two times at the end of F. The Plaintiff satf sat down the Plaintiff’s sat and satfs. The Plaintiff sat down the Plaintiff’s sat and satf sat, followed the Plaintiff’s sat and satfs, and the Plaintiff sat down the Plaintiff’s sat and satfs.

In order to take measures, psychological counseling and advice under Article 16 (1) 1 of the Act on the Prevention of School Violence, Article 17 (1) 2 of the Act on the Prevention of School Violence, Article 17 (1) 1 of the Act on the Prevention of School Violence, and Article 17 (1) 2 of the Act on the Prevention of School Violence, and Article 17 (1) 4 of the Act on the Prevention of Violence, Article 17 (1) 2 of the Act on the Prevention of Violence, and Article 17 (1) 4 of the Act on the Prevention of Violence, Etc.