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(영문) 서울고등법원 2021.02.03 2019누66066

전학 등 처분취소

Text

1. The judgment of the first instance is modified as follows.

A. Special education of guardians among the instant lawsuit is rendered.

Reasons

1. The reasons why this part of the disposition is used by the court are as follows, except for the dismissal of the pertinent part as follows. Thus, this part of the reasoning of the judgment of the court of first instance is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Article 2(1) of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former Act on the Prevention of and Countermeasures against School Violence”) provides that “The Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 201; hereinafter “former Act on the Prevention of and Countermeasures against School Violence”).”

The 3th sentence of the judgment of the court of first instance shall be followed by the following 1 to 3 behaviors under the 3th sentence.

"......"

On October 23, 2018, the Defendant rendered the Plaintiff a disposition of contact with the victim student, prohibition of intimidation and retaliation, suspension of attendance, transfer, special education (five hours), and special education (five hours) to the guardian (hereinafter “B”) (hereinafter “the instant disposition of this case’s guardian’s “the instant disposition,” and the remaining disposition”).

"(including a branch number, hereinafter the same shall apply)" under Section 4 below the third page of the judgment of the court of first instance shall include a number, except in the case of separate indication.

hereinafter the same shall apply) is pro rata.

2. We examine the part of the lawsuit of this case concerning the revocation of the disposition of the guardian of this case ex officio.

Article 17 (1) 5 and (3) of the former Act on the Prevention of School Violence provides that a special education by an expert shall be completed as one of the measures that can be taken against an aggressor student for the guidance and education of an aggressor student, and Article 17 (9) of the same Act provides that an autonomous committee for countermeasures against school violence (hereinafter referred to as the "autonomous committee") shall also require the guardian of the student to undergo special education when the aggressor student undergoes special education.

In light of the forms and contents of the above provisions, the former Act on the Prevention of School Violence.