logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2014.07.01 2013구합29414
출석정지처분등무효확인
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s written apology against the Plaintiff on April 24, 2013;

Reasons

1. Details of the disposition;

A. The Plaintiff is a student who is enrolled in the third grade in the Hoeeeng Middle School.

B. D (hereinafter “victim students”) is the students who were enrolled in the Plaintiff and the second grade E in 2013, who were diagnosed as learning disabilities in 2009 and selected as persons eligible for special education at the time of entering middle school.

In the case of victim students, the intelligence index is very low, the body of the Gu was small compared to the future, and the state of vision is not good, and there are characteristics such as the state of the bruth and the state of the bruth.

C. On April 22, 2013, each sublime middle school school violence autonomy committee (hereinafter “self-governing committee”) held a meeting of the autonomous committee on the grounds that 12 students, including the Plaintiff, exercised school violence to victim students, and decided to conduct a written apology (Article 17(1) of the Act on the Prevention of and Countermeasures against Violence in Schools) against the Plaintiff pursuant to Article 17(1) of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”), 10 days in suspension of attendance (Article 6), and 5 days in special education (five hours in special education for parents).

On April 24, 2013, the Defendant, the head of the above school, issued a disposition against the Plaintiff on the following (hereinafter “instant disposition”) of “10 days of written apology, suspension of attendance, and five days of special education (five hours of special education for parents)” (hereinafter “the instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, the whole or part of evidence Nos. 2, 4, and 5, and the purport of the whole pleading

2. The plaintiff's assertion and relevant statutes

A. The plaintiff's assertion has the following defects, thus seeking confirmation of invalidity of the disposition of this case and seeking revocation in preliminary cases.

(1) Some of the acts presented as school violence committed by the Plaintiff at the time of the meeting of the substantive autonomous committee meeting was included as the Plaintiff’s act without any ground even though the Plaintiff was not an actual act, and some of them were “school violence” under the School Violence Prevention Act.

arrow