1. The Defendant’s written apology and disposition against the Plaintiff on July 18, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Details of the disposition

The plaintiff was admitted to the D High School located in Busan Jin-gu, Busan, and was enrolled with F in the first and sixth grade.

F on June 20, 2018, the mother of F reported school violence to the students of D High School F and aggressor students as Plaintiff et al.

The Defendant held an organization in exclusive charge of school violence and referred the Plaintiff, etc. to the Autonomous Committee on Countermeasures against School Violence (hereinafter “instant autonomous committee”).

On July 16, 2018, the instant autonomous committee attended four members, including the chairman G G, members representing parents H, I, and J, among six incumbent members, to hear the opinions of victim students, aggressor students, and parents on the said report of school violence, and then requested the Defendant to take measures to “a written apology for victim students” under Article 17(1)1 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”).

On July 18, 2018, the Defendant notified the Plaintiff of the content of F’s K and self-defense, etc., thereby defamationing the Plaintiff. As such, the Defendant notified the Plaintiff of the “written apology and measures against the victimized student” on the ground that the Plaintiff made defamation.

(hereinafter “instant disposition”). On July 20, 2018, the Plaintiff dissatisfied with the instant disposition, filed an administrative appeal with the Busan Metropolitan Office of Education Administrative Appeals (Administrative Appeals Commissions), but the said appeal was dismissed on October 31, 2018.

[Reasons for Recognition] The Plaintiff’s disposition of this case as to the legitimacy of the disposition of this case as to the following procedural and substantive grounds must be revoked, as the following procedural and substantive grounds are stated in the facts without dispute, Gap 1, 2, 3, 5, 6 evidence, Eul 3, 4, and 7 evidence (including numbered evidence; hereinafter the same shall apply).

According to Article 13 (1) of the Act on the Prevention of School Violence, a majority of the total members of the school violence autonomous committee shall be commissioned as the parents representative directly elected at the parents plenary meeting, and the parents representative shall be elected at the parents plenary meeting.