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(영문) 의정부지방법원 2021.02.09 2019구합14563
징계처분 등 취소청구의 소
Text

Of the instant lawsuit, the part demanding the cancellation of the disposition ordering the completion of special education for guardians for five hours shall be dismissed.

Reasons

1. Details of the disposition;

A. The Plaintiff was in the fifth grade of D High School in 2019, and the fourth grade and seventh grade of D High School in 2019 (hereinafter “victim”) respectively.

B. On September 6, 2019, the Autonomous Committee on Countermeasures against School Violence at D High School (hereinafter “the instant autonomous committee”) held a meeting on September 6, 2019, and requested the Defendant to take special measures to ensure that “When the Plaintiff sent the Plaintiff’s sexual intercourse with the victim and F (North students), he/she taken it into a mobile phone, and the name of the victim was expressed while sharing the video recorded with the middle school-friendly relationship,” the Plaintiff’s completion of the special education under Article 17(1)2 of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 1641, Aug. 20, 2019; hereinafter “former Act on the Prevention of School Violence”).

(c)

On September 10, 2019, the Defendant took each of the measures requested by the meeting of the Autonomous Council members of this case, and notified the Plaintiff thereof.

(d)

The plaintiff was dissatisfied with the defendant's transfer measures and filed a petition for reexamination with the Gyeonggi-do Mediation Committee for the Disciplinary Punishment of Students, but the petition for reexamination was dismissed on October 11, 2019.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, Eul evidence Nos. 5 and 8, the purport of the whole pleadings

2. Article 17(1)5 and Article 17(3) of the former Act on the Prevention of School Violence provides that the part seeking revocation of a measure ordering the completion of special education by a guardian shall be lawful, and Article 17(1)5 and (3) of the same Act provides that the completion of special education by an expert shall be one of the measures that may be taken against an aggressor student for the leading education of an aggressor student, and Article 17(9) of the same Act provides that the autonomous committee shall also require the guardian of the student concerned

The above provisions.

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