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(영문) 서울행정법원 2017.03.09 2016구합79816

서면사과처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

(a) The Plaintiff and E, F, G, H and I, J, K, L, and M are students who were enrolled in the first and fifth grade of D middle schools in 2016.

B. On May 20, 2016, the Autonomous Committee on Countermeasures against School Violence in D Middle Schools (hereinafter “Autonomous Committee”) holds a meeting of the autonomous committee on the grounds that “the Plaintiff, E, F, G, H, H continues to keep separate name from I, J, K, L, and M, and encourage viruses to play and bullying from the beginning of the semester,” and passed a resolution on May 20, 2016 against victim students, including the Plaintiff, to conduct a written apology as stipulated in Article 17(1)1 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”).

C. On May 24, 2016, the Defendant notified the Plaintiff of the measure to require the Plaintiff to submit a written apology to the victim student in accordance with the resolution adopted by the pertinent autonomous committee.

(hereinafter “instant disposition”) D.

On June 15, 2016, the Plaintiff filed an administrative appeal with the Seoul Special Metropolitan City Office of Education Administrative Appeals, but was dismissed on August 18, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On February 17, 2017, the Defendant added “the intentional scam (conscam with face, face with shoulder)” to the grounds of disposition in the preparatory document of February 17, 2017, and added “the scambling of all scams, guards, and false information” to the grounds of disposition. This is a violation of Article 23(1) of the Administrative Procedures Act inasmuch as the addition of new grounds for disposition is not stated in the instant disposition. 2) The Plaintiff is merely a kind of play similar to the viral grambling of a victim, and the Plaintiff continued to wear and play the name of the victim, play the virus, and promote the viral activity, and thus, the instant disposition based on the Defendant’s false investigation and procedure is unlawful.

3. Even if the plaintiff's act is recognized as school violence, the case is very important.