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(영문) 광주고등법원 2019.01.31 2018누5719
조치처분 취소 청구의 소
Text

1. The part of the judgment of the court of first instance regarding the conjunctive claim shall be revoked.

The defendant limited to the plaintiff on November 30, 2017.

Reasons

1. Details of the disposition;

A. The Plaintiff and E are students who were enrolled in the first half of the year 2016 public D secondary schools.

B. On November 28, 2016, E and his father reported school violence to the Director of the Counseling Division of D Middle Schools as follows:

(hereinafter “instant report”). 1. On May 201, 2016, the Plaintiff (hereinafter “instant report”) took part in the back of E, which was seated at a class of the first grade class of D Middle School, one time alight from May 201.

2. On November 22, 2016, the Plaintiff: (a) around 11:00 on November 22, 2016, the Plaintiff: (b) took the boom of the E’s book; (c) took a bath; (d) took a part of the back of the E’s class, which returned to the class; and (e) took a part of the E’s back to the class; and (e) the Plaintiff b

C. On December 15, 2016, Article 17(1)3, (3), and (9) of the Act on the Prevention of and Countermeasures against Violence at School (hereinafter “the Act on the Prevention of and Countermeasures against Violence at School”) with respect to the Plaintiff on the same ground as the content of the instant case, the 7th D Middle School (hereinafter “previous autonomous committee”) decided to request the Defendant to “five days of service at school: five hours of special education; five hours of special education; and three hours of special education: guardian.”

Accordingly, on December 19, 2016, the defendant issued the same disposition as the result of the previous autonomous committee on the ground that the school violence as follows was the cause of the measure.

(hereinafter “previous Disposition”) On January 201, 2016, E’s back timbered on or around May 2016.

2. On November 22, 2016, around 11:40 on the 1st half of the year 1:30 and the 1st half of the year 2016, in which it is difficult to inflict an injury on the head of E. In addition, E faces a part of the side glass in the course of escape;

D. Accordingly, the Plaintiff filed an administrative litigation against the Defendant seeking confirmation of invalidity of the previous disposition with the Gwangju District Court.

(hereinafter referred to as “previous Litigation”). The Gwangju District Court held on October 19, 2017 that it is difficult to elect the parent’s representative at the parents’ representative meeting as the parent’s representative at the parents’ representative meeting.

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