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(영문) 서울행정법원 2016.06.03 2016구합742
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 and E are students who attended the fifth year of the D Elementary School (hereinafter “instant school”) in 2015.

B. On July 8, 2015, the Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) convened a meeting of the autonomous committee on the ground that “the Plaintiff and E have been able to flickly and physically flickly engage in any horse, dispute, around June 16, 2015 in the vicinity of the instant school after school.” During that process, the Plaintiff, who suffered bodily injury from the Plaintiff’s flick, arms, etc., and suffered bodily injury in the face after flicking the Plaintiff’s flick, etc., and notified the Plaintiff of the result of the above resolution by the autonomous committee on July 10, 2015.” The Plaintiff and E, respectively, convened the meeting of the autonomous committee, and decided to take measures against the Plaintiff and E under Article 17(1)1 (a) of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”). The Defendant notified the Plaintiff of the result of the resolution as above by the autonomous committee.

(hereinafter referred to as the “instant disposition”) written apology and measure against the Plaintiff.

On August 6, 2015, the Plaintiff appealed to the Seoul Special Metropolitan City Office of Education for Administrative Appeals, but was dismissed on October 23, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. On June 22, 2015, the Plaintiff’s mother of the Plaintiff’s assertion of illegality in the convening of the autonomous committee, reported the instant case to E’s temporary teachers, but due to this, the act of school violence in E was also subject to deliberation by the autonomous committee, and subsequently, expressed his/her intent to withdraw the Plaintiff’s report.

Nevertheless, it is itself that the autonomous committee convened the meeting of the autonomous committee immediately after the receipt of the E mother report without securing evidence that the Plaintiff’s act constitutes school violence.

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