학교폭력 징계처분 무효 확인
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. The Plaintiff was enrolled in the sixth year of the D Elementary School in 2019, and the E and F were students of the same rank as the Plaintiff at the time.
B. On September 26, 2019, E and F demanded the Plaintiff’s punishment for the Plaintiff’s sexual harassment speech and sexual indecent behavior (hereinafter “consuling teacher”) and the teacher reported school violence.
C. On September 30, 2019, the Defendant ordered the Plaintiff to suspend attendance for six days from September 30, 2019 to October 14, 2019, pursuant to Article 17(4) 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”).
(hereinafter “Prior Measures”) D.
On October 10, 2019, the Autonomous Committee on Countermeasures against School Violence (hereinafter “the instant autonomous committee”) decided to suspend attendance from October 15, 2019 to October 28, 2019 to E (hereinafter “victims 1”) and F (hereinafter “victims 2,” and to take measures under Article 17(1)1 of the former School Violence Prevention Act against the Plaintiff on the ground that the Plaintiff committed each of the following acts against the victim students pursuant to Article 17(1)2 of the same Act, “the written apology for the victim students”, “the prohibition of contact, intimidation, and retaliation against the victim students and the accusers” pursuant to Article 17(1)2 of the same Act, “the prohibition of any contact, intimidation, and retaliation against the victim students and the accusers” pursuant to subparagraph 5 of the same paragraph, “the number of special education taken by experts outside the school or five hours for psychological treatment” (the guardian’s accompanying) and “the suspension of attendance from October 15, 2019 to October 28, 9.”
In each of the following acts, each of the following acts shall be indicated as "one act", and "each of the acts in this case" shall be referred to as "each act":
- The Plaintiff continued to engage in sexual indecent behavior and sexual harassment against the victim student 1 and the victim student 2, and the victim student suffers a sense of shame and mental suffering.