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(영문) 대전지방법원 2016.01.27 2015구합1856

학생징계처분재심결정취소

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1. The Defendant’s disposition of five days of community service and two days of special education against the Plaintiff on November 19, 2014 shall be revoked.

2...

Reasons

Details of the disposition

On June 19, 2014, when the Plaintiff wishes to sit in D High School E on June 19, 2014 when he/she was enrolled in the first and sixth grade of D High School, he/she saw E to sit in the floor by cutting back the chair behind him/her, and making him/her sits on the floor, thereby putting him/her on the mouth of the 11 week treatment for E.

(hereinafter “instant harmful act.” On November 7, 2014, the Autonomous Committee on Countermeasures against School Violence decided that the instant harmful act constituted “school violence” as prescribed by Article 2 subparag. 1 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”), and decided to request the Defendant to take measures to change schools and take additional measures for two days of special education under Article 17(1)8 and (3) of the School Violence Prevention Act on the ground that the instant harmful act was committed.

On November 19, 2014, at the request of the Autonomous Committee on Countermeasures against School Violence, the Defendant issued a disposition of two-day transfer and special education to the Plaintiff on the ground of the instant harmful act.

On December 24, 2014, the Daejeon Metropolitan City Mediation Committee for the Disciplinary Punishment of Students filed a petition for review with the Daejeon Metropolitan City, and decided on December 24, 2014 to change the disposition against the Plaintiff to five days of community service and two days of special education under Article 17(1)4 and (3) of the School Violence Prevention Act.

(hereinafter) The Defendant’s disposition (i.e., November 19, 2014) that was changed by this decision, was “instant disposition.” The Plaintiff dissatisfied with this decision and filed an administrative appeal with the Daejeon Metropolitan Office of Education Administrative Appeals, but was dismissed on May 14, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 11 through 13, and the purport of the entire argument as to the legitimacy of the lawsuit of this case, the defendant's defense has already completed the community service 5 days and the special education 2 days in accordance with the disposition of this case, so there is no interest in the lawsuit seeking revocation of the disposition of this

Judgment

Article 18 (4) of the Guidelines for Preparation and Management of School Life Records shall be the head of a school.