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(영문) 울산지방법원 2016.08.25 2016구합104

학교폭력 징계조치처분 취소

Text

1. On July 13, 2015, the Defendant committed against the Plaintiff on July 13, 2015: (i) contact with, intimidation against, and the reported or accused students.

Reasons

1. Details of the disposition;

A. The Plaintiff and E are students attending the first and third grade D High School in Ulsan-gun, Ulsan-gun in 2015.

B. At around 16:00 on June 26, 2015, the Plaintiff assaulted E on the ground that E had expressed a desire to and made a false statement to the Plaintiff’s parent at the Ulsan-gun G Borrowing parking lot, Ulsan-gun, Ulsan-si, Ulsan-do, for approximately four weeks of treatment to E. In the course of the assault, the Plaintiff was also suffering from approximately four weeks of treatment. During the above assault, the Plaintiff was also suffering from a 4th anniversary of the left-hand balance for which treatment is required for about 35 days of treatment.

(hereinafter referred to as “instant fighting”). C.

On July 13, 2015, the Autonomous Committee on Countermeasures against School Violence at D High Schools (hereinafter “the instant autonomous committee”) held a meeting of the autonomous committee on the agenda of the instant fighting on the agenda of the instant fighting, and decided to request the Plaintiff to take a measure of special education of guardians pursuant to Article 17(1) of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”), such as contact with victim students and reported students, intimidation, and retaliation (Article 2), class replacement (Article 7), Article 17(3) of the Act on the Prevention of and Countermeasures against School Violence (Article 17(1) of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “the instant resolution”). D.

Accordingly, on July 13, 2015, the Defendant issued a disposition to the Plaintiff on July 13, 2015 that “Around June 16, 2015, the Plaintiff assaulted E in the said G Lending Parking Lot, thereby causing approximately four weeks of injury to E.” (i) the contact with victim students and reported students, the prohibition of intimidation and retaliation, ② the replacement of class, ③ the number of special education completed, ④ the number of special education completed, ④ the number of special education completed for five hours.

(hereinafter “instant disposition”) e.

On August 6, 2015, the father of the Plaintiff filed a petition for adjudication with the Administrative Appeals Commissions of the Ulsan-gu Office of Education on the instant disposition, but the said ruling agency was dismissed on October 14, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, and Eul.