A. On April 7, 2017, the Defendant held an autonomous committee on countermeasures against school violence (hereinafter “instant committee”) and deliberated and resolved on the agenda that “the Plaintiff committed assault against the victim D students on March 23, 2017 at the seaside of C High School (hereinafter “schools”).

B. On April 10, 2017, the Defendant issued a disposition to order the Plaintiff to suspend attendance five days of attendance, ten hours of special education, and four hours of special education for his/her guardian (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 6, purpose of whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the defendant did not comply with the legitimate formation procedure at the time of organizing the committee of this case. The resolution of the committee of this case is null and void, and the disposition of this case is null and void, thus seeking its confirmation.

B. (1) The main text of Article 12(1) of the School Violence Prevention Act provides that “A school shall have an autonomous committee to deliberate on matters related to the prevention of and countermeasures against school violence.” Article 13(1) provides that “The autonomous committee shall be comprised of not less than five but not more than ten members, including one chairperson, and a majority of the total members shall be commissioned as representatives of parents directly elected at the parents’ plenary meeting, as prescribed by Presidential Decree: Provided, That where it is difficult to elect representatives of parents at the parents’ plenary meeting, a representative of parents may be elected at the parents’ plenary meeting consisting of representatives of each class.” Article 14(1)3 of the Enforcement Decree of the School Violence Prevention Act provides that a representative of parents elected as above shall be appointed or commissioned as members of the autonomous committee.

In addition, Article 17 of the School Violence Prevention Act provides that autonomous committee shall protect victim students and aggressor students in relation to measures against aggressor students.