beta
(영문) 부산고등법원(창원) 2017.09.20 2017누10572

학교폭력대책자치위원회처분취소

Text

1. Revocation of a judgment of the first instance;

2. On October 16, 2015, the Defendant provided community service to the Plaintiff for three days and completed special education for students.

Reasons

1. Details of the disposition;

A. At the time of 2015, the Plaintiff is a student who was enrolled in the second half of the year D Middle School with E, F, G, H, I, and J.

B. On October 14, 2015, the Autonomous Committee on Countermeasures against School Violence at D Middle Schools (hereinafter “instant autonomous committee”) decided to take measures as above against the Plaintiff, on the ground that the Plaintiff and E, F, G, H, H, and I continued to collapse J, three days of community service under Article 17(1)4 of the Act on the Prevention of and Countermeasures against Violence at School (hereinafter “School Violence Prevention Act”), three hours of special education under Article 17(3) and (9) of the same Act, and four hours of special education for guardians (hereinafter “instant resolution”), and requested the Defendant to take the aforementioned measures.

The plaintiff, E, F, G, H, and I have continued to bullying from February 2015.

The above six persons: (a) pushed up or pushed down the J without any reason; (b) played “K during class hours or break,” and (c) used it on lurging.

In particular, the plaintiff, F, G, and I laid the J from the corridor to the direction of the J, and the plaintiff, F, G, and I were 4 times more than 5 times, and E also 3 times more than J is viewed.

In addition, the J had more than 3 J on the ground that it would avoid the plaintiff's occurrence of the plaintiff's occurrence of the plaintiff's occurrence of the plaintiff's occurrence of the plaintiff's occurrence, and G and H continued bullying by keeping the plaintiff's occurrence of the plaintiff's occurrence of the plaintiff's occurrence of the plaintiff's occurrence of the plaintiff's occurrence of the crime.

C. On October 16, 2015, the Defendant issued a disposition of social service three days, 30 hours of special education for students, 4 hours of special education for guardians to the Plaintiff at the request of the instant autonomous committee (hereinafter “instant disposition”), and notified the Plaintiff thereof.

On November 18, 2015, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Office of Education of the Gyeonggi-do Office of Education (Administrative Appeals Commissions), but was dismissed on January 13, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 7, the purport of the whole pleadings

2. The plaintiff's assertion

(a) the process of preparing one explanatory note of procedural defect;