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(영문) 창원지방법원 2020.11.18 2019구단12631

학교폭력징계처분 취소

Text

Around November 2019, the Defendant’s written apology against the Plaintiff and the victim and the reported or accused student.

Reasons

Details of the disposition

The plaintiff and the defendant joining the defendant (victim E) were enrolled in the second and seventh grade in the D Middle School in 2019.

D Middle School Violence Autonomy Committee (hereinafter referred to as “Autonomous Committee”) held a meeting on September 16, 2019 and requested the Defendant to take each of the following measures on the following facts, 10 hours for school attendance under Article 17(1)3 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”) and 3 occasions for psychological treatment under Article 17(3). The Defendant ordered the Plaintiff to take the same measure on September 18, 2019.

On July 6, 2019, the Plaintiff filed a request for re-examination with the Regional Committee on Countermeasures against School Violence (hereinafter “Local Committee”) on September 25, 2019, on the following grounds: (a) from August 16, 2019 after the opening of the school on August 16, 2019, the Plaintiff sent the Defendant to the Kakakao Amo Amoxe room at H, and (b) as if the Defendant was raped, with the Defendant’s Defendant’s Defendant’s scambling with light or cambling, etc.; and (c) on September 25, 2019, the Defendant was dissatisfied with the above disposition and filed a request for re-examination with the Defendant on September 23, 2019, in addition to the above measures by holding a meeting of the Regional Committee on Countermeasures against School Violence Act; and (d) providing the Defendant with a written apology regarding victim students under Article 17(1)1 of the former School Violence Prevention Act, reporting and accusation against victim students under Article 2 and 7(3).

Accordingly, around November 2019, the Defendant referred to the Plaintiff to implement each of the above measures orally by the head of D Middle School personnel division I, and notified the Plaintiff’s father of November 13, 2019 that the measures for changing class should be taken according to the decision of the Local Committee.

(hereinafter “instant disposition”).