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(영문) 수원지방법원 2018.04.18 2017구합70732
징계조치처분취소 청구의 소
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. In 2017, the Plaintiff was enrolled in the first year in the C High School located in the G high school in the Young-si Area (hereinafter “C High School”), and D was enrolled in the same half of the Plaintiff in 2017.

B. On October 27, 2017, the Autonomous Committee on Countermeasures against School Violence (hereinafter “the Committee”) held a meeting of the Committee on the grounds that the Plaintiff and D exercised school violence. Pursuant to Article 17(1)1, 2, 4, (3), and (9) of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”), the Committee decided to take measures against D in writing against the victim, the prohibition of contact, intimidation, and retaliation against the victim student, the prohibition of contact, and retaliation against the victim student, the community service period, 5 days of special education, 18 hours of special education (4 hours of parents special education), and the Plaintiff’s written apology, contact with the victim student, the prohibition of retaliation, intimidation, and retaliation against the victim student, 5 days of school attendance, and 18 hours of special education (4 hours of special education).

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

With respect to the plaintiff's damage, D is recognized that the plaintiff was suffering from mental harm by exposing other person's personal information on SNS without interruption. In relation to D's damage, when considering evidence, etc. presented, D's speech violence caused to D is recognized.

On October 27, 2017, the Defendant issued a written approval to the Plaintiff on October 27, 2017, a disposition of contact with the victim student, prohibition of intimidation and retaliation against the victim student, five days of internal service, 18 hours of special education (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 7 through 10 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Relevant statutes attached to the relevant statutes.

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