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(영문) 창원지방법원 2017.02.14 2016구합1040

전학조치(처분)취소

Text

1. The disposition taken by the Defendant to transfer to the Plaintiff on July 19, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff is a student who was in the first-year course at Chigh School around July 2016.

B. On July 18, 2016, the Chigh School School Violence Countermeasures Autonomy Committee passed a resolution on the following measures: (a) on the ground that the Plaintiff exercised school violence on several occasions against the victim student (on April 28, 2016, when the chest side of the victim student was 2-3, when the victim student was pushed down on June 17, 2016, and when the victim student’s chest side was 1, July 11, 2016), the Plaintiff passed a resolution on the “five hours of full-time, student, and special educational course for the student”; and (b) on July 19, 2016, the Defendant notified the Plaintiff of the result of the said resolution.

(hereinafter “instant disposition”). C.

On July 21, 2016, the Plaintiff filed an application for reexamination with the Standing Committee on Students' Disciplinary Action with the Standing Committee of the Standing Committee of the Standing Committee of the Gyeongnam-do Office of Education, but it dismissed the application for reexamination on August 11, 2016.

On September 1, 2016, the Plaintiff filed an administrative appeal with the Gyeonggi-do Office of Education Administrative Appeals, but the Gyeong-do Office of Education dismissed the appeal on October 14, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion recognized that the Plaintiff committed an erroneous act and again did not commit school violence, and that the Plaintiff’s parents are also willing to guide the Plaintiff, and that the Plaintiff’s school-friendly behavior also submitted a written application to the Plaintiff that the Plaintiff would be in good faith, etc., the instant disposition is unreasonable as it is too much disadvantage that the Plaintiff would suffer compared to the purpose of the realization of public interest.

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

C. Determination 1) Act on the Prevention of and Countermeasures against School Violence (hereinafter “Act”)

According to Article 17(1) of this Act and Article 19 of the Enforcement Decree of the Act, when taking measures under Article 17(1) of the Act, the seriousness, continuity, and awareness of school violence that the aggressor student has exercised.