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(영문) 수원지방법원 2020.09.10 2019구합74943

학교폭력처분취소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff and E are students attending D elementary schools located in the F in ethic City F.

① On May 10, 2019, E: (a) proved the Plaintiff by inserting the crypt during the meal service hours; and (b) made the Plaintiff’s crypology, i.e., “heat”, “brying”, “heat,” “heat,” “heat,” and “unborn,” in the form of text.

② E은 2019. 5.경 원고의 뒷목을 수회 때렸고(이른바 ‘딱밤’), 원고가 E에게 아프다며 하지 말라고 하여 그 이후에는 하지 않았다.

③ In 2019, E laid off the same half-year student G with the floor of hand on the date of the 2019 Buddhist date, and caused the Plaintiff to fill the joints by making the Plaintiff’s bucks.

④ At around July 10, 2019, E had the Plaintiff close the Plaintiff while talking with G and the Plaintiff, and had the Plaintiff go beyond the string distance.

⑤ On August 26, 2019, E came to the Plaintiff.

E caused by more than one act, etc., so that the plaintiff was unable to work mentally.

B. On September 5, 2019, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “instant autonomous committee”) held the third meeting of the Autonomous Committee on Countermeasures against School Violence and deliberated on the agenda items on the grounds of the following measures with respect to E, and decided to take measures with respect to E (Article 17(1) of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former School Violence Prevention Act”).

C. On September 17, 2019, the Defendant issued a written apology and measures to E in accordance with the instant autonomous committee resolution (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 2, 4 evidence, Eul 1 and 7 evidence, the purport of the whole pleadings

2. Determination on this safety defense

A. The summary of the Defendant’s assertion is directly related to the instant disposition.