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(영문) 수원지방법원 2018.05.09 2017구합1859
서면사과처분취소
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. In 2017, the Plaintiff and E were enrolled in the fourth and fourth grade of D elementary schools located in the F of the wife population in the Republic of Korea.

E and the plaintiff fighting in the class of the fourth and third classes of July 18, 2017, which caused the measure, around 11:35, 2017, E and E fighting with the plaintiff's face and hand saws.

Sn. - The plaintiff exercises speech violence to E, and is in the upper side of the chin and the back of the ear.

(n) Measures to be taken: A written apology under Article 17(1)1 of the School Violence Prevention Act and a written apology under Article 17(1)1 of the Plaintiff’s School Violence Prevention Act;

B. On August 2, 2017, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “Autonomous Committee”) held a meeting on August 2, 2017 and resolved on the following measures with respect to the Plaintiff and E in accordance with the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”). The Defendant notified the Plaintiff of such decision on August 3, 2017.

(hereinafter referred to as "disposition of this case") . [Grounds for recognition] . [In the absence of dispute, Gap evidence Nos. 1, 2, 7, Eul evidence Nos. 1, 2, and 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion 1) The autonomous committee did not call a meeting with the Plaintiff as an aggressor student, but convened a meeting with the victim of the assault committed by E as a victim student, the autonomous committee deemed the Plaintiff as an aggressor student and resolved on the premise of the instant disposition. In that process, the autonomous committee did not provide the Plaintiff with an opportunity to state his/her opinion as an aggressor student. Therefore, the instant disposition is unlawful in that the procedural defect was unlawful. 2) The Plaintiff and E-fighting without the reason for the instant disposition did not occur due to the Plaintiff’s lack of the reason for disposition’s assertion of substantive defect, namely, the Plaintiff’s “humanity and human nature,” and thus, it cannot be deemed that the instant

In addition, the Plaintiff.

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