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(영문) 수원지방법원안양지원 2019.04.05 2018가합101661
징계조치처분무효확인 청구의 소
Text

1. The principal of the E-high school operated by the Defendant to the Plaintiff on March 30, 2018 shall be either a written apology or a victim student.

Reasons

1. Basic facts

A. The Defendant is an educational foundation that operates the E High School located at Guangsi (hereinafter “Defendant School”) and the Plaintiff, F, and G are students who were enrolled in the second grade of Defendant School in 2018.

B. On January 29, 2018, from around 07:16 to 15:57, the Plaintiff sent several messages containing sexual expressions with respect to 12 female students attending the Defendant’s school at H K T-Japanping hall with F.

C. On March 28, 2018, the Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) held a meeting to the effect that “the Plaintiff sent and received H message with F and then sexual assault was committed against female students,” and requested the head of the Defendant’s school to take the following measures (hereinafter “instant measure”) in accordance with the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”), by deciding to recognize female students as victim students, F and G as relevant students, and then recognize them as victim students, and then to take the following measures (hereinafter “instant measure”).

Accordingly, on March 30, 2018, the head of the Defendant school issued the instant disposition to the Plaintiff and notified the instant disposition to the Plaintiff.

Matters subject to measures (Plaintiffs) regarding aggressor students in writing for victim students under Article 17(1)1 of the School Violence Prevention Act, and psychological counseling and advice by experts inside and outside schools under Article 16(1)1 of the School Violence Prevention Act for 20 days (from March 21, 2018 to April 17, 2018) of suspension of attendance under Article 17(1)6 of the School Violence Prevention Act for 5 hours of special education under Article 17(3)2 of the Act on Prohibition of Assault Violence Prevention (Article 17(1)6 of the Act on Prohibition of Assault Prevention (Article 17(1)6 of the Act on Assault Prevention of School Violence) for 5 hours of special education by guardians under Article 17(9) of the School Violence Prevention Act.

D. The provisions of the School Violence Prevention Act in relation to the instant case are as shown in the attached Form.

[Ground of recognition] Unsatisfy, Gap, 1.

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