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(영문) 수원지방법원 2020.10.29 2019구합74189
징계조치처분 무효 확인의 소
Text

A document and a disposition taken by the Defendant against the Plaintiff on May 29, 2019 shall be revoked.

The plaintiff's primary claim.

Reasons

1. Details of the disposition;

A. In 2019, the Plaintiff was in attendance at the fourth and fifth grade of the D Elementary School (hereinafter “instant school”), and E (hereinafter “victim student”) was in attendance at the fourth and sixth grade of the same school.

B. On May 27, 2019, the Autonomous Committee on Countermeasures against School Violence (hereinafter “the Committee”) adopted a resolution on May 14, 2019 on the Plaintiff’s written apology and measures under Article 17(1)1 of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “Assault Prevention Act”) with respect to the Plaintiff as the ground for each measure, stating that “the Plaintiff abused a victim student in the presence of the victim student in the presence of the victim student,” and that “the victim student in the presence of the victim student in the same time and at the same place to express his/her intent, such as dynasium and dynasium dynasium, etc., of the victim student.”

C. Accordingly, on May 29, 2019, the Defendant rendered a disposition imposing the same measure against the Plaintiff and the Plaintiff’s guardian (hereinafter “instant disposition”). D.

The plaintiff dissatisfied with this and filed an administrative appeal with the Gyeonggi-do Educational Administrative Appeals Commission, but the Gyeonggi-do Educational Administrative Appeals Commission dismissed it on October 11, 2019.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. The plaintiff's assertion of this case is significant and apparent, and thus, the plaintiff's disposition of this case is to seek a confirmation of invalidity of the disposition of this case around, and the disposition of this case should be revoked as it is unlawful, even if the above defects are not significant and clear.

The instant committee’s letter of family communications (No. 7-2) notified by the Defendant to the parents in relation to the instant parents’ general meeting of parents held on March 21, 2018 (hereinafter “instant meeting”).

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