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(영문) 대구지방법원 2017.12.22 2017구합23461
전학처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. (1) The Plaintiffs were to receive school violence (hereinafter “J elementary school”) in the Gu/U.S.J. in 2016.

) K in the fifth and fifth grade of the fourth year (hereinafter “victim student”).

At the time of 2017, Plaintiff A was enrolled in the same as Plaintiff A, Plaintiff D, Plaintiff G, and Plaintiff G were enrolled in the fifth grade and fourth grade and fourth grade and fourth grade and fourth grade and fourth grade and fourth grade of the victim. 2) around March 2017, the victim was frequently absent from school and was in a psychological unstable state, and the victim’s fifth grade and fourth grade and fourth grade and fourth grade and fourth grade and fourth grade and fourth grade of the victim was continuously informed of the victim’s harassment from around April 2017.

3) On June 22, 2017, a teacher in charge of school violence notified the matter to the teacher in charge of school violence and received the case of school violence, and reported the case to the Office of Education in Gyeongbuk-do and notified it to the victim and the parents of the plaintiffs. (b) The defendant's disposition 1) When the victim was diagnosed as "understanding stress disorder" due to the recommendation of the teacher in charge of school violence, the victim was placed in the mental department and hospital, the defendant held the organization in charge of school violence around June 23, 2017, and referred the case to the Autonomous Committee on Countermeasures against School Violence in consideration of the seriousness of the case.

2) On June 30, 2017, the Autonomous Committee on Countermeasures against School Violence (hereinafter “School Violence Prevention Act”) sought opinions from the Plaintiffs, their parents, and parents of victim students, and subsequently, the Defendant is subject to the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”).

(3) On July 4, 2017, the Defendant notified the Plaintiffs of the measures to be taken as above on contact with victim students and reported or accused students under Article 17(1)2, prohibition of intimidation and retaliation, and the students and parents special education (five hours) under Article 17(3) and (9) and Article 17(1)8.

(hereinafter referred to as the "instant disposition"), among the measures taken above, a transfer measure.

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