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(영문) 대전지방법원 2016.03.31 2015구합100852
학교폭력 통보처분취소
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. D schools are public special schools that educate students with mental retardation and emotional behavioral disorder, and the Plaintiff was class 2 disabled persons with intellectual disability, who were enrolled in the first half of the year of D schools in 2014.

B. On September 16, 2014, the Plaintiff reported to G, a person in charge of the receipt of school violence at D Schools on September 16, 2014, that “The Plaintiff, at the Scientific Center on September 16, 2014, led the Plaintiff to threaten H students by threatening them to home with the same anti-H students, but the Plaintiff refused to comply with the instruction, and led by a very rough and very rough person to interfere with the I student’s back-to-hand behavior with him/her.”

C. On September 26, 2014, the Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) held a meeting (hereinafter “the instant autonomous committee meeting”), and decided to take measures under Article 17(1) of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “Act”) against the Plaintiff on the ground that “the Plaintiff, at the scientific room on September 16, 2014, threatened the same anti-school students by threatening him/her. However, the Plaintiff refused to comply therewith, and led the Plaintiff to take measures under Article 17(1) of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “instant school violence”).

Accordingly, on September 29, 2014, the Defendant issued the Plaintiff a written apology against the victim student, contact with the victim student and reported or accused student, prohibition of intimidation and retaliation, psychological treatment, and suspension of attendance 10 days (hereinafter “the original disposition”).

E. Of the original disposition in the instant case, “psychological treatment” was changed to “three days for psychological treatment” on October 6, 2014.

F. On October 17, 2014, the Plaintiff seeks the revocation of the original disposition in this case to the Daejeon Metropolitan Office of Education Administrative Appeals Commissions.

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