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(영문) 수원지방법원 2018.05.09 2017구합71469
전학처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff and E were enrolled in the second year of D High School in 2017, and F was enrolled in the same Ban as the Plaintiff in 2017.

B. On November 2, 2017, the Autonomous Committee on Countermeasures against School Violence at D High Schools (hereinafter “instant Committee”) committed sexual harassment against the Plaintiff on the part of November 2, 2017, and from E, they held a meeting of the Committee to spread false sexual information about F to other students, and decided to transfer to another school and to take measures of five hours of special education (five hours of special education for parents) pursuant to Article 17(1)8, (3), and (9) of the Act on the Prevention of and Countermeasures against Violence at School (hereinafter “School Violence Prevention Act”).

C. On November 3, 2017, the Defendant rendered transfer to the Plaintiff and five hours of special education (five hours of special education for parents) (hereinafter “instant measure”).

The specific grounds for the measure against the plaintiff are as follows:

In 2017, the Plaintiff’s dialogues F with other students, including E, of sexual harassment.

D. The Plaintiff’s mother C dissatisfied with the instant measure and filed a request for a retrial with the G Committee, but the G Committee dismissed the said request for retrial on December 14, 2017.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 2, 6 through 8 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Summary of the plaintiff's assertion

A. The Plaintiff’s determination score according to the detailed criteria set forth in the attached Table of the notice of the detailed guidelines applicable to the measure of aggressor students claiming procedural defects (hereinafter “instant notice”) is 14 points. The transfer measure can be taken only when the determination score is between 16 and 20 points. Although the instant committee did not make a resolution of the aggravated measure against the Plaintiff, it decided to transfer the Plaintiff by calculating the Plaintiff’s determination score as 16 points. Thus, the instant committee’s deliberation and resolution on the transfer to the Plaintiff.

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