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(영문) 서울행정법원 2021.01.15 2020구합59765

전학 처분 취소청구의 소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The defendant is the principal of the D High School in Gwangjin-gu in Seoul, and the plaintiff was a student who attended the first grade of D High School before receiving the transfer of this case.

B. On December 13, 2019, the Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) convened an autonomous committee as a school violence case (case No. 2019-5; hereinafter “case No. 2019-5”) with the content that “A student registered in the same Ban as the Plaintiff sent and received an insulting speech to the Plaintiff via the Messenger as before and after May 14, 2019.”

According to the deliberation of the above case, the autonomous committee decided to provide community service for aggressor students E, 20 hours for psychological treatment, 5 hours for special education for guardians, 12 hours for community service for F, 10 hours for psychological treatment, 5 hours for special education for guardians, and 5 hours for psychological counseling and advice for the plaintiff.

(c)

The autonomous committee convened the autonomous committee as a school violence case (case No. 2019-6, hereinafter referred to as “instant case”) with the purport that “the Plaintiff continued to assault, bullying, and forced a victim of E (hereinafter referred to as “victim”) from the time of the Plaintiff’s damage to November 2019,” and that “the Plaintiff forced him/her to do so like that of, or do not have any duty to do so.”

According to the deliberation of the instant case, the autonomous committee does not list the minutes of the meeting of the autonomous committee of the instant case as follows; however, in light of the fact that the Plaintiff stated that the Plaintiff’s “statements for various actions” is part of the case’s summary for example, and the details of the Plaintiff’s statement made during the deliberation process, the act of specific harm, which caused the instant disposition, may be specified.

In the process of deliberation by the autonomous committee, the plaintiff seems to have been given an opportunity to defend the light with respect to the individual act of injury.

(hereinafter referred to as “the instant damages” and each of them.