특별교육이수처분취소
1. On July 15, 2015, the disposition that the Defendant rendered against the Plaintiffs is revoked for four months of completion of each special education.
2...
1. Details of the disposition;
A. The Plaintiffs are those who were enrolled in the E-high school located in the Hamyeong-gun in the 2015 and were enrolled in the first year in the year of 2015.
B. On June 16, 2015, the E-high school Violence Autonomy Committee (hereinafter “instant autonomous committee”) held the Autonomous Committee on Countermeasures against School Violence, and decided to request the Defendant to take measures under Articles 17(1)6 (3) and 17(3) (5) of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “Act”) against the Plaintiffs on the grounds that the Plaintiffs were exercising school violence, sexual harassment, and bullying against the same student G, and that the Plaintiffs were exercising school violence, such as language violence, sexual harassment, and bullying. On June 17, 2015, the Defendant notified the Plaintiffs of the result.
C. On June 22, 2015, Plaintiff A filed a request for reexamination with the District Office of Education (hereinafter “instant Discipline Mediation Committee”) on the instant autonomous committee’s aforementioned decision, and on July 3, 2015, the instant Discipline Mediation Committee rendered a decision to revoke the decision of transfer made by the Defendant to Plaintiff A.
Accordingly, on July 14, 2015, the instant autonomous committee held an autonomous committee for countermeasures against school violence (hereinafter “instant meeting”) on July 6, 2015, and decided to request the Defendant to take measures under Article 17(1)5 (4 months of completion of special education) of the Act on the Prevention of School Violence (hereinafter “instant meeting”).
E. On July 15, 2015, the Defendant issued a four-month disposition of special education completion (hereinafter “instant disposition”) to each of the Plaintiffs pursuant to Article 17(1)5 of the School Violence Prevention Act.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. Whether the disposition is lawful;
A. The defendant, at the time of the instant meeting, excluded the participation of the plaintiffs and their parents, thereby under the School Violence Prevention Act and the Administrative Procedures Act.