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(영문) 서울고등법원 2015.02.05 2014누6427
전학조치처분 취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 2012, the Plaintiff, C, D, and E were enrolled in the first-year course in the G Middle School located in Young-gu, Young-gu, Young-si.

B. Around December 17, 2012, the parents of E (hereinafter “victims”) reported the occurrence of school violence to the effect that “the Plaintiff, C, and D (hereinafter “Plaintiffs”) exercised school violence, such as verbal violence, against victim students,” and the Autonomous Committee on Countermeasures against School Violence at G Middle School (hereinafter “Autonomous Committee”) decided on December 27, 2012 that “the Plaintiff was subject to prior school measures, the prohibition of contact and retaliation, and three hours of special education” (hereinafter “the first autonomous committee decision”).

(C) The decision of 10 hours of written apology, contact, intimidation and retaliation, community service, 5 days of special education, 10 hours of special education, D's written apology, the prohibition of contact, intimidation and retaliation, 5 days of school service, and 10 hours of special education.

On January 10, 2013, the Plaintiff’s mother B requested a review to the Gyeonggi-do Mediation Committee of Disciplinary Punishment on Students (hereinafter “Disciplinary Committee”) on the ground that the decision of the first autonomous committee of this case was passed. On the 21st of the same month, the Disciplinary Committee accepted the above request and revoked the decision of the first autonomous committee of this case.

On January 31, 2013, the autonomous committee opened a meeting again in accordance with the decision of the said disciplinary committee and decided “4 days of suspension of attendance and five hours of special education” (hereinafter “decision of the instant secondary autonomous committee”) to the Plaintiff. On February 1, 2013, the principal of the G middle school on February 1, 2013, “the suspension of attendance at the Plaintiff four (4 days of February 4, 2013, 5, 6, 8) and five (5) hours of special education” in accordance with the said decision.

E. The father of the victim student (the father H requested a reexamination to the defendant on February 6, 2013 on the decision of the second autonomous committee of this case, and the defendant recognized the facts of suspicion as stated in attached Form 1 on February 25, 2013 as school violence.

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