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(영문) 의정부지방법원 2017.01.24 2015구합1484
학교폭력 재심결정 취소
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. On July 18, 2014, when the Plaintiff was attending the third grade of Cmiddle School located in Yangyang-si, the Plaintiff reported the injury to school violence to D, I, and J, the same school students, and C, the C, the Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) on July 22, 2014, taken measures against the above D, etc. regarding “the prohibition of writing apology, contact, intimidation, and retaliation, five days of suspension of attendance, and five hours of psychological treatment.”

On August 11, 2014, the Plaintiff’s mother B filed an application for a retrial with the Defendant Gyeonggi-do Local Committee for Countermeasures against School Violence (hereinafter “Defendant Gyeonggi-do School Violence Committee”), but was dismissed on September 29, 2014.

B. On August 14, 2014, B reported the occurrence of school violence by the Plaintiff due to physical violence from D, E, F, G (hereinafter “aggressing students”) and K, K, L, and M, a single school student.

Accordingly, on August 25, 2014, the autonomous committee held a meeting to take measures to add three days to the suspension of attendance at the meeting of the autonomous committee on July 22, 2014, to D among aggressor students. The remaining aggressor students decided to take measures to “the prohibition of written apology, contact, intimidation, and retaliation, three days of internal service, special education, or five hours of psychological treatment,” and the head of the defendant Cmiddle School (hereinafter “the principal of the defendant”) took disciplinary measures following the above resolution against aggressor students on August 25, 2014.

(hereinafter “instant disposition”). C.

B filed a petition for retrial on September 5, 2014 to the effect that the instant disposition against aggressor students is too minor and unreasonable, and that “A measure for transferring to D, extending the psychological treatment hours for E, F, and G” was taken on the Defendant Gyeonggi-do school width.

However, on October 27, 2014, the defendant Gyeonggi-do High Court decided to dismiss B's request for retrial on the ground that the disposition of this case is appropriate.

(hereinafter referred to as “the instant review decision”). D.

B of December 30, 2014.

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