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(영문) 대전지방법원 2017.06.08 2016구합1433
서면사과및특별교육이수처분취소
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 are students who were enrolled in the first half of the year D middle schools in 2016.

B. On September 19, 2016, the Defendant rendered a written apology and a disposition to complete special education (Plaintiff 3 days and five hours’ parents) pursuant to Article 17(1)1 and 5 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”) to the Plaintiff on the ground that the Plaintiff embling E, a student of the same half of the year, and play in the Kakakakao Stockholm Group, pursuant to Article 17(1)1 and 5 of the same Act (hereinafter “School Violence Prevention Act”). On September 19, 2016, the Defendant issued a written apology and a disposition to replace class pursuant to Article 17(1)1 and 7 of the School Violence Prevention Act to E on the ground that E used physical violence to the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] A without dispute, entry of Gap evidence 7, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) which deliberated on the instant case due to procedural defects

(2) The Plaintiff did not notify the Plaintiff of the fact that he/she was present at the autonomous committee as a victim student and the aggressor student, and the Plaintiff did not have sufficient opportunity to state his/her opinion as to whether he/she would go against Article 17(5) of the School Violence Prevention Act. As such, the Plaintiff did not play on August 22, 2016, the Plaintiff did not play on the part of the non-existence of the reason for disposition that he/she did not act on August 22, 2016 with the word "Saririririririririririririri", and on August 27, 2016 and 28 of the same month, the Plaintiff called "Sarigigigi" at the group Stockholm located at E and Maririririri, but this is not merely a word used for "a very good decentralization," but it does not disappear or e.

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