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(영문) 대구지방법원 2018.05.25 2017구합24136
징계처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a student who was enrolled in the first and first half of the D High School in 2017.

The defendant is the principal of D High School (hereinafter referred to as "school") who is a public school.

B. Disposition 1: (a) On September 14, 2017, a school had a special education course completed 1) decided on September 8, 2017 to request the Defendant to take a five-day disciplinary measure for the reason that the Plaintiff refused to comply with the instruction of the teachers by holding a leading council. The summary of the disciplinary measure against the Plaintiff dealt with at the leading council is as follows: (b) the Plaintiff was issued an outing certificate that the Plaintiff shall be sent out from September 5, 2017 to 15:30; (c) but the Plaintiff returned to the school. Teachers (including the Plaintiff) were directed the Plaintiff to late return to the school and comply with the hours of return. However, the Plaintiff returned the Plaintiff to the front and rear of the teachers’ own school, and gave the Plaintiff an desire to take a five-day disciplinary measure on the ground that the Plaintiff refused to comply with the instruction of the teachers.

9. By the 29th day of 29. Along with the 5th day notice that a school will receive special education.

(hereinafter referred to as “first disposition”). (c)

Second Disposition: 10 hours 10 hours 10 on September 15, 2017, the Autonomous Committee for Countermeasures against School Violence (hereinafter referred to as the "Autonomous Committee") shall be referred only to as the "Autonomous Committee for School Violence."

On September 15, 2017, the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”) provides that the Plaintiff exercised school violence to the Defendant as follows:

Pursuant to Article 17, a deliberation and resolution was made to request measures of 10 hours of internal services (Paragraph 1 subparag. 3), 2 hours of special education (Paragraph 3), and 2 hours of special education for parents (Paragraph 9). On September 8, 2017, the Plaintiff was around 07:00 and around 07:00, hereinafter the same shall apply.

The same shall apply with respect to a notice on the cost of repair posted.

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