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(영문) 대구고등법원 2016.12.23 2016누5359

서면사과처분취소

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a student who was enrolled in the fifth year of D Elementary School (hereinafter “instant school”) around October 2014, and the fourth year of F Elementary School around October 2014, and the Defendant is the principal of the instant school.

B. On October 16, 2014, the Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) held a meeting on the grounds that the Plaintiff and E exercised school violence (physical violence) against each other. The Plaintiff and E decided as the aggressor student and the victim student, and decided as the measure against the aggressor student, and decided as the measure against the aggressor student, the “psychological Counseling and Advice” as the measure against the victim student. On October 21, 2014, the Defendant notified the Plaintiff and E of the result of the autonomous committee in accordance with the above resolution.

C. The F Elementary School autonomous committee opened a meeting on October 16, 2014 to resolve both E and the Plaintiff as “no measure” without distinguishing aggressor students and victim students. On November 19, 2014, the F Elementary School principal notified the result of the autonomous committee in accordance with the above resolution, and entered both the Plaintiff and E in the aggressor student and victim student column, and the “content of the measure” column as “no measure”.

On November 27, 2014, in accordance with Article 17-2(1) of the Act on the Prevention of and Countermeasures against Violence (hereinafter “School Violence Prevention Act”), the mother C, a guardian of the Plaintiff, filed a request for reexamination as follows, pursuant to Article 17-2(1) of the Daegu Metropolitan City Regional Committee for Countermeasures against School Violence (hereinafter “Local Committee”) and Article 17-2(1) of the F Elementary School C, to the effect that the aforementioned measures

On the other hand, with respect to the resolution of the school autonomous committee of this case as of October 16, 2014 and the defendant's decision in accordance with the resolution, the guardian of this case: the parent C of the victim, the victim: the defendant: F elementary school, the defendant: F elementary school, and the aggressor student: The notice date of the result of the decision to take measures: The purport of the claim is self-defense on November 19, 2014.