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(영문) 광주지방법원 2020.01.23 2019구합11477
학교폭력징계조치처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff and E are students attending the third grade of D Middle Schools.

B. On March 7, 2019, E reported that the Plaintiff was subject to school violence from March 7, 2018 to March 6, 2019.

On March 22, 2019, the Defendant held an autonomous committee for countermeasures against school violence (hereinafter “autonomous committee”), and decided to request the Defendant to replace the class under Article 17(1)7 of the Act on the Prevention of and Countermeasures against Violence (hereinafter “School Violence Prevention Act”), to take five hours of special education for students under Article 17(3), and to take five hours of special education for parents under Article 17(9) of the same Act.

C. On March 25, 2019, the Defendant notified the Plaintiff of the result of the deliberation by the autonomous committee that “a violent case that occurred from March 25, 2018 to March 7, 2019” was “a measure to replace class, take a student special education five-hour measure, and take a five-hour measure to complete the special education of parents,” and “the measure to replace class” among the measures taken against the Plaintiff.

(B) [In the absence of dispute, Gap evidence Nos. 8, Eul evidence Nos. 3 and 20, and the purport of the whole pleadings.]

2. The plaintiff's assertion

A. The Plaintiff did not commit school violence to E, and there is no ground for the instant disposition.

B. The instant disposition abused discretion.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. The facts of recognition 1) E transferred to D secondary schools in the first semester of 2018, which was the second year, from that time, to that of the Plaintiff, and thereafter assigned to the same Ban as the Plaintiff before the instant disposition. 2) E reported school violence from the Plaintiff to F on March 7, 2019, and F in the same month.

8. The records were recorded in the register of reporting school violence.

3) On March 8, 2019, D Middle School Violence Officer G G reported the receipt of school violence cases to the Defendant and the Office of Education on March 8, 2019, and the Plaintiff, E, and the same class of students in the year 2018 (hereinafter “instant investigation”).

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