전학처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff and D (hereinafter “victims students”), E, F, and G were enrolled in C Middle School in H in 2018 (hereinafter “C”) in the third grade.
B. On July 17, 2018, the Autonomous Committee on Countermeasures against School Violence in C (hereinafter “instant Committee”) held a meeting of the instant Committee on the grounds that the Plaintiff, E, F, and G exercised physical and verbal violence against victim students, and decided to request the Defendant to take five-hour measures of receiving written apologys, transfer, and special education for victim students pursuant to Article 17(1)1, 8, and (3) of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”).
The specific grounds for the measure against the plaintiff are as shown in attached Form 1.
(hereinafter referred to as “school violence in this case”). C.
On July 20, 2018, the Defendant rendered a disposition of transfer (hereinafter “instant disposition”) to the Plaintiff, written apology to the victim, and special education for five hours. D.
On September 6, 2018, the Gyeonggi-do Mediation Committee of Disciplinary Punishment on Students filed a request for reexamination to the Gyeonggi-do Mediation Committee of Disciplinary Punishment on Students, which dismissed the plaintiff's request for reexamination.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 5, and 6, the purport of the whole pleadings
2. Attached Form 2 of the relevant Act and subordinate statutes is as indicated.
3. Summary of the plaintiff's assertion
A. The reason for the disposition of mistake of facts in the instant case is that the Plaintiff was at least twice the victim student. However, the Plaintiff was only at one time, and the Plaintiff did not say that “the Plaintiff was aware of how he was at the time of the victim student,” and that “G was at the time of assaulting the victim student,” and there was no relationship between the Plaintiff and the Plaintiff.
B. Abuse of discretionary power, even if the reason for the instant disposition is true.