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(영문) 서울행정법원 2019.08.22 2019구합59721
학교폭력조치결정처분 취소
Text

1. The Defendant’s disposition against the Plaintiff, the replacement of the class on October 2, 2018 (five hours of special education for students and their protectors), and the disposition on the replacement of the class on October 2, 2018.

Reasons

Details of the disposition

The defendant is the principal of C High School which is a public school established and operated by Seoul Special Metropolitan City (hereinafter referred to as the "school of this case"), and the plaintiff and the non-party (hereinafter referred to as "related students") are currently students attending the third year of the school of this case.

The plaintiff and related students were in the same reflect for the first and second years, and they were living in the same dormitory room from January 2, 2017 to the same dormitory room.

On September 10, 2018, the father of the relevant student reported school violence to the Defendant that “the Plaintiff has exercised school violence against the relevant student, thus demanding the relevant student to take necessary measures, such as investigating the case accordingly.”

The Autonomous Committee on Countermeasures against School Violence (hereinafter “the Autonomous Committee”) of the instant school held a meeting, and resolved on the replacement of classes under Article 17(1)7 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”), five hours of special education under Article 17(3), five hours of special education under Article 17(9), and five hours of special education of guardians under Article 9.

Accordingly, on October 2, 2018, the Defendant rendered the same disposition against the Plaintiff on the grounds as the result of the instant autonomous committee’s resolution on the following grounds:

(hereinafter “instant Disposition 1”). From 2017 to 2017 between the two female students related to the Plaintiff in the second-year half of the aggressor student’s second-year group, the father of the case occurred in cyber space, a dormitory, and a classroom from the two-year class half of the aggressor student’s second-year group, requested the Seoul Special Metropolitan City Local Committee on Countermeasures against School Violence (hereinafter “instant Local Committee”) on October 16, 2018 on the ground that the first disposition in this case is minor, and the instant Regional Committee requested the Defendant to “the Plaintiff to take additional measures for five days in addition to the first disposition in this case.”

On December 11, 2018, the Defendant rendered community service to the Plaintiff for five days or less.

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