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(영문) 창원지방법원 2021.02.03 2020구단10099
전학처분 취소 등 청구
Text

The disposition of transfer made by the Defendant to the Plaintiff on November 27, 2019 shall be revoked.

Costs of lawsuit shall be borne by the defendant.

Paragraph 1..

Reasons

Details of the disposition

The plaintiff in 2019 shall be limited to one half of the first year of D secondary schools, and victim E (hereinafter referred to as "victim").

The first and second grades of the same school were enrolled in each school.

D Middle School Violence Autonomous Committee (hereinafter referred to as the "Autonomous Committee") shall be established.

On November 25, 2019, the former Act on the Prevention of and Countermeasures against Violence in Schools (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former Act on the Prevention of and Countermeasures against Violence in Schools”) concerning the fact that (a) the Plaintiff’s continuous harassment continues to cause severe stress on the part of a victim student.

Article 17 (1) 2 of the Act prohibits contact, intimidation, and retaliation; transfer under subparagraph 8 of the same Article; transfer under paragraph (3) of the same Article; five hours of completion of special education under paragraph (3) of the same Article; and five hours of completion of special education by a guardian under paragraph (9) of the same Article; the Defendant issued a disposition ordering the Plaintiff to take the same measures on November 27, 2019 (the part ordering the Plaintiff to transfer the pertinent lawsuit).

On December 9, 2019, the Plaintiff’s mother C filed a request for a new trial with the student disciplinary conciliation committee at ordinary levels, but the decision to dismiss the request was made on December 23, 2019.

[Grounds for recognition] The plaintiff's procedural illegality of the plaintiff's assertion as to the legitimacy of the overall disposition of Gap's evidence, Gap's evidence Nos. 1, 2, and 3, and the overall purport of the pleading is legitimate. The defendant sent a notice of attendance at the meeting of the autonomous committee to the plaintiff, and sent it to the plaintiff, and sent it to the plaintiff 40 minutes prior to the opening of the meeting. The plaintiff's report that the plaintiff's sexuality of the victim victim occurred was not properly given an opportunity for submission of opinion, such as filing an additional appeal at the time of the meeting, and the fact that the reason for the disposition was not specified.

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