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(영문) 서울행정법원 2020.06.05 2019구합55910
서면사과, 학내외 전문가에 의한 특별교육 4회, 보호자 특별교육 이수 5시간 처분 등 취소 청구의 소
Text

1. On January 2, 2019, the Defendant received a written apology against the Plaintiff, four times of special education, and five hours of special education for guardians.

Reasons

1. Basic facts

A. The Plaintiff and the Intervenor (hereinafter “victim students”) are students attending D secondary schools located in Yangcheon-gu Seoul Metropolitan Government.

B. On December 4, 2018, the victim was reported to the Autonomous Committee on Countermeasures against School Violence at D Middle Schools (hereinafter “instant autonomous committee”) by 11 anti-school students, including the Plaintiff, who were the first half of the year, committed school violence.

Accordingly, I, the teacher in charge of school violence in D middle schools, interviewed with victim students from December 5, 2018 to December 7, 2018, and made the victim students prepare specific facts of damage in the form of a written confirmation of a total of 10 pages.

C. On December 20, 2018, the instant autonomous committee opened a meeting of the Autonomous Committee on Countermeasures against School Violence (hereinafter “instant meeting”) on December 20, 2018, and deliberated on the agenda item to be reported by the victim, the committee: (a) recognized that 11 students (hereinafter “aggressing student”) reported by the victim student at full discretion were “school violence” to all the victim students; (b) for the total of 11 students, five students were “no measure”; (c) for four students, the committee passed a written resolution under Article 17(1) of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 1641, Aug. 20, 2019; hereinafter “former School Violence Prevention Act”); and (d) for the remainder of the students including the Plaintiff, the committee passed a written resolution (Article 17(1) and (1) of the former Act on the Prevention of School Violence (Article 17(1)1); (c) and (d) special education (Article 5(5) of the Special Education Act.

On January 2, 2019, the Defendant notified the Plaintiff of the measure taken in accordance with the result of the instant meeting, “the written copying of the victim student under Article 17(1)1 of the former School Violence Prevention Act, the special education of internal and foreign experts (4 times), and the special education of guardians (5 hours) under Article 17(9) of the same Act” (hereinafter “instant disposition”).

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