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(영문) 서울행정법원 2018.10.18 2018구합3585
학교폭력대책자치위원회 처분 취소
Text

1. It is clear that the Defendant’s statement on Apr. 18, 2018, written in the written complaint on December 28, 2017, is a clerical error.

The Plaintiff is the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff and E (hereinafter “victim students”) are students who were enrolled in the second year of D High School in 2017.

B. On December 27, 2017, the Autonomous Committee on Countermeasures against School Violence at D High Schools held a meeting to request the Defendant to take an expulsion from school in accordance with Article 17(1)9 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”), on the ground that “the Plaintiff forced the Plaintiff to take a sexual intercourse against the victim student, who was a female student at the same grade from the 4th floor of the 6th floor, among the buildings of which the Plaintiff was located in the office of the Plaintiff, from December 19, 2017 to 09:00.” On June 1, 2017, the Defendant expelled the Plaintiff from school in accordance with the above resolution of the autonomous committee.

C. On February 8, 2018, the Plaintiff appealed and filed a request for reexamination with the Seoul Special Metropolitan City Student Disciplinary Conciliation Committee, but the said Student Disciplinary Conciliation Committee dismissed the Plaintiff’s request for reexamination.

The plaintiff filed an administrative appeal, and the Seoul Special Metropolitan City Office of Education's administrative appeals commission recognized credibility in the statement of a victim's sexual intercourse that the plaintiff forced, and thus, the plaintiff's act constitutes "school violence" as provided by Article 2 subparagraph 1 of the School Violence Prevention Act, but decided to change the above disposition by "suspension of attendance (up to before school)," on the ground that the expulsion from school is too heavy.

[Attachment] The Defendant’s disposition taken on December 28, 2017, which was mitigated from the disposition of suspension of attendance (up to the time of transfer) and transfer (hereinafter “instant disposition”). / [Grounds for recognition] of absence of dispute, entry in Gap’s 3, 4, 6 through evidence, Eul’s 1, 2, and 6 (including the number of each office), and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was merely sexual intercourse under the agreement with the victim student, and there was no sexual assault against the victim student's will. Thus, the disposition of this case is a ground for its disposition.

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