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(영문) 대구고등법원 2018.12.21 2018누3814
가해학생징계처분 무효확인 청구
Text

1. Revocation of the first instance judgment.

2. The Defendant on September 20, 2017:

(a) A written apology to the victim student of the Plaintiff A.

Reasons

1. Details of the disposition;

A. At the time of 2017, the Plaintiffs are male students who were enrolled in the second grade of J elementary school along with K, a female student suffering from damage (hereinafter “victim students”).

B. On September 13, 2017, the mother L, the guardian of the victim student (hereinafter “victim L”), reported to the Defendant that “victim was damaged by sexual assault against the Plaintiffs.”

C. In September 19, 2017, the J Elementary School Autonomous Committee on Countermeasures against School Violence (hereinafter “School Violence”) decided to request the Defendant to take each measure of the following: (a) pursuant to Article 17(1) of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”); (b) Plaintiff A’s written apologys for victim students ( Subparagraph 1); (c) Plaintiff D; and (d) the written apologys for victim students ( Subparagraph 1); (c) the prohibition of contact and intimidation for victim students and reported students ( Subparagraph 2); (d) the completion of special education by experts outside and outside of school; or two (e) hours of psychological treatment by experts ( Subparagraph 5); (c) the Plaintiffs, victim students, and their guardians (hereinafter “Plaintiffs”) from July 22, 2017 to July 2, 2017; and (d) the Plaintiff’s mother and child were the head of G2, G2, G2, and the Plaintiff’s mother (hereinafter referred to as “instant resolution”).

원고들은 캠핑카 안에서 피해학생과 함께 영화를 보다가 장난으로 웃기는 놀이를 하자며 바지를 내리고 엉덩이를 흔들며 춤을 추었고(일명 ‘짱구춤’), 피해학생에게도 바지를 내리고 춤을 추라고 재촉하였으나, 피해학생은 이를 거부하였다.

Accordingly, the plaintiffs did not show the motion picture unless they get to and dance the victim student.

A victim student made his/her land his/her land.

(hereinafter “First School Violence”). Plaintiffs D and G around July 22, 2017, Plaintiff D and G domina in the above camping.

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