가해학생 조치없음 처분 무효확인 또는 취소청구의 소
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 were enrolled in the second and third grades of D elementary schools around October 2019.
B. On October 2, 2019, around 12:35 on October 2, 2019, the Plaintiff suffered bodily injury due to a brupt in which the front face is faced with the corridor and the front face is faced with the corridor, while putting the left shoulder from E in the front corridor of the class 3rd grade of the second grade class.
(hereinafter “instant case”). C.
On October 31, 2019, the autonomous committee for countermeasures against school violence at D elementary schools (hereinafter “instant autonomous committee”) decided on October 31, 2019 that the instant case was only simple accidents due to the lack of intentionalness and continuity of violence, and that it is not school violence.
On November 1 of the same year, the Defendant rendered a disposition that does not take any measure against E in accordance with the instant autonomous committee’s above decision (hereinafter “instant disposition”), and notified the Plaintiff and E respectively.
E. In this regard, on November 18, 2019, the Plaintiff filed a request for reexamination with the competent committee for countermeasures against school violence in Jeollabuk-do, but was dismissed on December 23, 2019.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 7 through 11, the purport of the whole pleadings
2. Whether the disposition of this case’s assertion is unlawful or not, there are the following defects, and the disposition of this case’s assertion is null and void due to serious apparent defect, and even if not, it ought to be revoked on the ground of such unlawful act. ① In election of four representatives of parents of the instant autonomous committee at the time of August 2019, D Elementary Schools Act (amended by Act No. 16641, Aug. 20, 201; hereinafter “former School Violence Prevention Act”).
(B) The instant autonomous committee was not held at a parents meeting or a parents representative meeting as prescribed by this provision, and due to such procedural defects, the composition of the instant autonomous committee is unlawful, and the instant disposition in accordance with the resolution of the instant autonomous committee, which is so unlawful, is also unlawful (the head of the first week).