징계조치처분취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The circumstances of the disposition are that the students who were enrolled in the sixth and sixth grade of the D Elementary School in 2018 and currently entered a middle school after graduating from the D Elementary School;
(A) On November 12, 2018, the Plaintiff came to be forced to see the same half of the class in front of the five-story toilets and classrooms (10:30~10:50) during the middle play hours (i.e., 10:30 to 10:50). The Plaintiff’s physical actions (i.e., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g.
B. On November 22, 2018, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “Autonomous Committee”) decided to suspend attendance (Paragraph 6) and change class (Paragraph 7) pursuant to Article 17(1) of the Act on the Prevention of and Countermeasures against Violence (hereinafter “School Violence Prevention Act”), to take measures for special education pursuant to Article 17(3) of the same Act, to request the Defendant to take measures for 10 hours of special education for the Plaintiff’s guardian pursuant to Article 17(9) of the same Act, and to require the Defendant to take measures for 10 hours of special education for the Plaintiff’s guardian.
(B) On November 23, 2018, the Defendant notified the Plaintiff of the disposition pursuant to the above resolution (limited to the suspension of attendance).
(A) [Based on recognition] Evidence A 1 to 3, each entry of Evidence A to 5, and the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion is that the Plaintiff is a young student, has no record of disciplinary action, has a deep depth against the mistake, and there is sufficient possibility that the Plaintiff will lead under the parent’s interest.
The plaintiff's intelligence index is more developed than 81, and is suffering from the lack of attention and adaptation disorder, but the behavior was positive.
The Plaintiff accepted and implemented measures for replacing class and special education by referring to the protection of victim students and the necessity of the Plaintiff’s education.
However, the instant disposition is too excessive to the extent of the mistake committed by the Plaintiff.