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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendant is an educational foundation that operates an I High School located in Yeonsu-gu Incheon Metropolitan City (hereinafter “Defendant School”) and the Plaintiffs are students who attended the second and eighth grade of Defendant School by May 7, 2018.
B. On November 21, 2017, the Autonomous Committee on Countermeasures against School Violence at the Defendant School (hereinafter “Defendant School Autonomous Committee”) held a meeting of the autonomous committee and decided to request the head of the Defendant School to take the following measures against the Plaintiffs on the ground that “the Plaintiff, from April 2016 to November 201, 2017, made verbal abuse, assault, money, or other valuables (hereinafter “school violence in this case”) to L (hereinafter “victim”) with the J and K along with the victim student” (hereinafter “victim student”).
On the same day, upon the request of the Defendant’s autonomous committee under the above resolution, the head of the Defendant school took disciplinary action against the Plaintiffs, including the measures to transfer schools under Article 17 subparag. 8 of the Act on the Prevention of and Countermeasures against Violence (hereinafter “instant transfer measures”), against which the Defendant’s autonomous committee requested to take the following measures:
Article 17(1)2 of the Act on the Prevention of Violence in the Cases of Measures taken by J, Plaintiffs, and K to the present from April 2016, which caused the measures to be taken by verbal abuse, assault, or money or other valuables against victim students. Article 17(1)8 of the Act on the Prevention of Violence in the Act on the Prevention of Violence in the Act on the Prevention of Violence in the Act on the Prevention of Violence in the Act on the Prevention of Violence in the Act on the Prevention of Change of Schools (five-hour Hours)
C. As to the instant transfer measure, Plaintiff A filed a request for reexamination with each MF on December 6, 2017, and Plaintiff D on December 8, 2017. However, the MF on December 29, 2017, which was “the Plaintiff’s appearance in a group with J, etc., poses a threat against the victim’s will, and is part of the body for a long time.”