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(영문) 서울행정법원 2018.11.29 2018구합62935

출석정지 처분 등 취소청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff was enrolled at a D elementary school from March 2012 to February 2018, and was enrolled at a middle school after graduation from February 2018.

B. Around November 2017, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “Autonomous Committee”) received a report from Nonparty I (hereinafter “victims”) who is a female student of the same half of the Plaintiff, and Nonparty E, F, G, and H (hereinafter “Plaintiffs, etc.”) on school violence, the Committee held a meeting on the 21st of the same month (hereinafter “instant meeting”) and deliberated on the guidance and education measures against the Plaintiff, etc., and decided to request the Defendant to take the following measures against the Plaintiff, etc.:

(1) The Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter referred to as the “Act on the Prevention of and Countermeasures against Violence in Schools”) prohibits contact, intimidation, and retaliation against a victim student or a reported or accused student under Article 17 (1) 2 of the same Act (hereinafter referred to as the “Act on the Prevention of and Countermeasures against Violence in Schools”). (2) The suspension of attendance under Article 17 (1) 6 of the same Act (from December 1, 2017 to December 14, 2017)

C. The defendant must do so from the autonomous committee.

The Plaintiff et al. on November 24, 2017 upon receipt of a request for a resolution under the paragraph’s resolution, on the ground that “the Plaintiff et al. took a bath and insulting speech to a victim student who is a female student in the same half-year class from February 2, 2017 to June 5, and within the same half-year class.”

Each measure such as described in the subsection was taken.

. against the plaintiff below.