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(영문) 대구지방법원 2020.10.21 2019구합26198
학교징계처분취소청구의 소
Text

Among the lawsuits in this case, the part of the claim for mitigation and the claim for revocation of the disposition of special education for guardians.

Reasons

1. Details of the disposition;

A. The Plaintiff is a male student who was enrolled in the second and sixth grade of the D Middle School in 2019, and the victim E (hereinafter “victim”) is a female student who was enrolled in the fourth grade of the D Middle School in the fifth grade of the D Middle School.

B. On September 9, 2019, the Autonomous Committee on Countermeasures against School Violence at D Middle Schools (hereinafter “instant autonomous committee”) decided to request the Defendant to take measures against the Plaintiff to take two (2) days of school attendance (Article 17 of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former School Violence Prevention Committee”) with respect to the case where the Plaintiff participated in the open hosting room during the first semester with other students of the D Middle School (hereinafter “instant case”).

C. Accordingly, on September 11, 2019, the Defendant took the same disciplinary action against the Plaintiff as the result of the instant autonomous committee’s resolution.

(hereinafter referred to as “the Disposition of Using Educational Services and Receiving Special Education for Students” and “the Disposition of Using Educational Services in the instant case and Receiving Education for Students,” and “the Disposition of Receiving Special Education for Guardians’s Guardian’s Guardian’s 2 hours of completion of the Education.” All of them are collectively referred to as “the Disposition of this case.”

On November 28, 2019, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Office of Education of Gyeong-do. However, it was dismissed on November 28, 2019.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Whether the part concerning the claim for mitigation is legitimate, among the lawsuits in this case, by a written apology and disposition

A. Article 3 of the Administrative Litigation Act is a legal relationship based on an appeal litigation, which is a lawsuit filed against a disposition or omission by an administrative agency of an administrative litigation, a disposition by an administrative agency, etc.

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