1. The plaintiff's claim is dismissed.

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

Details of the disposition

The Plaintiff and E (hereinafter referred to as “victims students”) were enrolled in the second grade of D Middle School (hereinafter referred to as “instant school”) in 2018.

On December 19, 2018 and December 24, 2018, the Autonomous Committee on Countermeasures against School Violence (hereinafter “the instant autonomous committee”) opened a meeting of the instant school (hereinafter “the instant autonomous committee”) to request the Defendant to make a resolution to take measures under Article 17 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”) with regard to “the Plaintiff was attempting to leave the victim at the home, thereby having contacted the body of the Plaintiff, having contacted him/her with his/her house, having found any defect in sexual contact, and continuously requested the victim to continue his/her sexual contact” (hereinafter “instant measure”).

On December 26, 2018, the Defendant notified the Plaintiff of the instant measure in accordance with the above resolution.

(hereinafter) Of the instant measures notified by the Defendant, the part regarding the transfer of schools (hereinafter “instant disposition”). The Plaintiff’s father B dissatisfied with the instant disposition and filed a request for reexamination with the Gyeonggi-do Mediation Committee of Disciplinary Punishment on Students, but the request for reexamination was dismissed on February 12, 2019.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 2, and Eul evidence Nos. 1 through 6 (including the number of branches; hereinafter the same shall apply), and the overall purport of the argument of this case is legitimate. The plaintiff's procedure of introducing candidates for the members of the autonomous committee was conducted on March 16, 2018 at the general meeting of parents of the school of this case (hereinafter the "general meeting of parents of this case") and did not elect the members of the autonomous committee by voting in violation of Article 13(1) of the School Violence Prevention Act.