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(영문) 서울행정법원 2018.10.25 2018구합69769

서면사과처분 등 취소

Text

1. Psychological counseling and advice given by the Defendant against the Plaintiff on June 11, 2018 to the Plaintiff and to E.

Reasons

1. Details of the disposition;

A. The Plaintiff and E are students attending the first half of the year D elementary school at present.

In the second place of the plaintiff, E took lessons in the front place of the plaintiff.

B. Around May 28, 2018, the Plaintiff and E, who had been engaged in the practice of a substitute teacher due to sick leave, had a dispute between the Plaintiff and E, and E had a snick in three times, and E suffered injury by the Plaintiff with the lower part of the Plaintiff’s timber on three occasions.

On May 30, 2018, the guardian of the plaintiff requested the above case to be treated as school violence because the plaintiff's guardian has great mental suffering and there is a possibility of recurrence.

C. At around 15:00 on June 7, 2018, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “instant autonomous committee”) held the third meeting of the Committee for Autonomous Committee on School Violence and decided to request the Defendant to take measures for psychological counseling and advice against the Plaintiff pursuant to Article 17(1)1 of the Act on the Prevention of and Countermeasures against Violence (hereinafter “School Violence Prevention Act”) against the aggressor students on the ground that the dispute between the Plaintiff and the E constitutes both school violence (hereinafter “instant resolution”). As a result, the Plaintiff’s written apology and measures are written in accordance with Article 17(1)1 of the School Violence Prevention Act, counseling and advice for E pursuant to Article 16(1)1 of the School Violence Prevention Act, and (2) as a measure against the aggressor student, to request the Defendant to take measures for counseling and advice against the Plaintiff pursuant to Article 16(1)1 of the School Violence Prevention Act (hereinafter “instant resolution”).

On June 11, 2018, the Defendant notified the Plaintiff of the instant resolution content.

(1) Of the above notifications, the part regarding psychological counseling and advice measures against E is collectively referred to as "disposition for the victim of this case", "disposition for the victim of this case", "written and measures against the plaintiff, and "Disposition for the Protection of the victim of this case" ("each of the instant dispositions"). The ground for recognition" has no dispute, and the purport of the entire arguments and arguments as stated in Gap's Evidence Nos.

2. The plaintiff's assertion.