징계조치처분취소 청구의 소
1. Revocation of a judgment of the first instance;
2. On November 2, 2018, the Defendant contacts the Plaintiff with “written history” and the victim students.
1. Details of the disposition;
A. On January 10, 2018, the Defendant’s primary disposition and the revocation judgment of D Middle School Violence Autonomous Committee (hereinafter “Autonomous Committee”) decided to take measures for five hours of special education pursuant to Article 17(1) of the Act on the Prevention of and Countermeasures against Violence (hereinafter “School Violence Prevention Act”), against the Plaintiff, who is a student of D Middle Schools, pursuant to attached Table 1, pursuant to Article 17(1) of the said Act (hereinafter “School Violence Prevention Act”), “in writing (Article 1),” “Prohibition of Contact, Intimidation, and Retacing (Article 2),” “five days of suspension of attendance (Article 5(6))” and “five days of suspension of attendance (Article 17(3).
On January 11, 2018, the Defendant notified the Plaintiff of a disposition under the resolution of the autonomous committee (hereinafter referred to as “the first disposition”).
On January 18, 2018, the Plaintiff filed a lawsuit against the Defendant seeking revocation of the first disposition (hereinafter “the first disposition lawsuit”) with the Seoul Administrative Court (2018Guhap51560), and filed an application seeking suspension of execution with the Seoul Administrative Court (2018Guhap51560).
Accordingly, the Seoul Administrative Court rendered a decision to suspend the effect of “five days in writing, five days in attendance (from January 29, 2018 to February 2, 2018), and five hours in special education” in the first disposition on January 26, 2018 until the Seoul Administrative Court sentenced the case 2018Guhap51560.
In addition, on August 17, 2018, the Seoul Administrative Court rendered a decision revoking the first disposition on the ground that the four members representing parents of the autonomous committee cannot be deemed the representatives of parents directly elected by the parent committee, and thus the autonomous committee was constituted in violation of Article 13(1) of the School Violence Prevention Act, and that the first disposition based on the deliberation and request of the autonomous committee illegally organized was unlawful, and made a decision suspending its effect until the appellate court sentenced the decision ex officio.
The judgment has been affirmed as it is.
B. The Defendant’s second disposition and its suspension autonomous committee are the Plaintiff on October 30, 2018.