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(영문) 서울행정법원 2014.12.11 2014구합54141
가해학생조치처분취소
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. The Plaintiff, E, F, G, and H (hereinafter “Plaintiff and four others”) and I are all students who were enrolled in the first and second half of the D Middle School in 2013.

B. On October 8, 2013, the parents of I visited D Middle Schools and demanded the J of F, G, and H (hereinafter “F and two other”) to submit a novel (one-time “all-time”) prepared by F, G, and H (hereinafter “F and two other”) with I’s main official seal, and to correct the excessive behavior of F, and two other persons.

C. On October 10, 2013, the parents of I visited the next D Middle School on October 10, 2013, and demanded the J to submit the Kakakao Stockholm text messages and the conversation between the Plaintiff and four others on October 9, 2013, and to punish the Plaintiff and four other persons as school violence aggressor students.

On October 14, 2013, the parents of I reported the plaintiff et al. and four other students as school violence aggressor students to the Seoul Metropolitan Police Agency, and the plaintiff et al. and four other parents were investigated by K of police officers as Seoul Metropolitan Police Agency.

E. On October 17, 2013, the Plaintiff et al., four and their parents visited D Middle Schools to J and consulted.

F. On November 4, 2013, the Autonomous Committee on Countermeasures against School Violence at D Middle Schools (hereinafter “Autonomous Committee”) held a meeting between the Plaintiff and four others, I, and their parents, while attending the meeting, and the Plaintiff and four others constitute “aggressive student” under Article 2 subparag. 3 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “Act”), and requested the Defendant to take measures against the Plaintiff and four others on the ground that: (i) the written apology of the victim student (Article 17(1)1 of the Act on the Prevention of and Countermeasures against Violence in Schools); (ii) the prohibition of contact, intimidation, and retaliation against the victim student and reported or accused student (Article 17(1)2 of the Act on the Prevention of and Countermeasures against Violence in Schools); and (iii) the special education of the students and their guardians (Article 17(3) and (9) of the Act on the Prevention of and Countermeasures against Violence in Schools).

G. Accordingly, on November 6, 2013, the Defendant notified the Plaintiff of each of the above measures to the Plaintiff et al. and four others.

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