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(영문) 춘천지방법원 강릉지원 2018.07.26 2018구합30007
가해학생 징계처분 취소
Text

1. On September 20, 2017, the Defendant imposed a disciplinary measure against the Plaintiff on September 20, 2017, with five days of suspension of attendance.

Reasons

1. Details of the disposition;

A. The Plaintiff, E, F, G, H, I (hereinafter collectively referred to as “Plaintiffs, etc.”) and J were enrolled in D High Schools in Gangnam-si K from March 2017 to the first half of the second year.

B. On September 19, 2017, J reported the occurrence of school violence to the Defendant on the ground that the Defendant was subject to school violence by the Plaintiff, etc.

C. On September 20, 2017, the Defendant issued an emergency measure that orders the Plaintiff to suspend attendance for five days (hereinafter “instant emergency measure”) pursuant to Article 17(4) and 17(1)6 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”). D.

On September 26, 2017, the Autonomous Committee on Countermeasures against School Violence at D High Schools held a meeting to confirm the instant emergency measure, and decided to take measures against the Plaintiff under Article 17 of the School Violence Prevention Act that “the Plaintiff, etc. continuously exercised school violence, such as physical violence, language violence, coercion, and bullying, from the first semester of 2017 to the last half of 2017.”

On the other hand, in the investigation report on school violence case (Evidence A No. 4), the plaintiff committed a harmful act to theJ as follows, and in addition, it stated that the plaintiff took a bath and slander against theJ by gathering in the vicinity of theJ.

(1) Definites (including serious play drawings) ② Defincing and gathering chips of sports grounds to J; ③ proposing false horse detection devices to play the game together with J, and making inquiries that J would face to answer if it participates in the game.

b. (4) by posting J’s photographs to the Kakao Stockholm Group Ethmpic of its anti-Korean students and play J. E.

On September 26, 2017, the Defendant rendered the same disposition against the Plaintiff (hereinafter “instant disposition”) as the result of the instant disposition, and on September 26, 2017.

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