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(영문) 서울행정법원 2018.02.01 2017구합69298
출석정지 등 조치 취소 및 가해학생에 대한 심의 및 조치 의무 부작위 위법 확인

On June 5, 2017, the Defendant did not take any measure against the Plaintiff’s school violence report (inaction).


1. Case history

A. Plaintiff A is the fourth and fourth-year students of Chigh School (hereinafter “instant school”); Plaintiff B is the mother of Plaintiff A; Plaintiff D is the third and fifth-year students of the same school.

B. On May 16, 2017, the Autonomous Committee on Countermeasures against School Violence in the instant school (hereinafter “instant autonomous committee”) held a meeting by presenting “brupted cases of violence of the Plaintiff A” (hereinafter “instant meeting”) under the following: (a) around May 12:20, 2017: “The Plaintiff had a horse dispute with D in the front corridor of the school meal room of the instant school meal service; (b) D had a face face, such as the snow, scin, and scin, of the Plaintiff’s shoulder part of the instant school meal service; and (c) when D had approximately 15-20 faceed with D’s snow, scin, and scinine, scin, etc., for about three weeks of treatment.”

C. Based on Article 17(1), (3), and (9) of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”), the instant autonomous committee decided to suspend Plaintiff A from attending for five days as a measure against an aggressor student, to have him/her attend for five days, to have him/her complete special education for five days, or to have him/her receive psychological treatment, and to have the Plaintiff B take measures against the aggressor student’s guardian for six hours, and decided to have him/her receive special education for six hours as a measure against the aggressor student, and D decided to “no measure” as a measure against the victim student.

On May 22, 2017, the Defendant issued a five-day suspension of attendance with respect to Plaintiff A, a five-day special education completion or psychological treatment, and a six-hour special education completion disposition with respect to Plaintiff B (hereinafter “each of the instant dispositions”), and notified the Plaintiffs of the above “non-measures” decision with respect to victim students (D).

E. On behalf of the plaintiffs, the limited liability law firm (LLC) on June 5, 2017, the plaintiff "A" on behalf of the plaintiffs, "A" is himself/herself with D's shoulder and blick technology at the meeting of the autonomous committee of this case.