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(영문) 창원지방법원 2019.12.04 2019구단10888
서면사과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of disposition;

A. At the time of 2018, the Plaintiff was the fourth-year student of D Elementary School, and E was the sixth-year student of F Elementary School.

However, on October 28, 2018, E assaulted the Plaintiff’s two parts, clothes, etc. while hearing English classes at H facilities in G training centers.

B. Meanwhile, on November 5, 2018, the Defendant rendered a written apology and disposition (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff was aware of the fact of assaulting E’s head before receiving the said assault from E” in accordance with the resolution of the joint school violence autonomous committee members held in relation to the said assault.

C. On March 27, 2019, the Plaintiff filed an administrative appeal with the Office of Education of Gyeonggi-do, which rejected the Plaintiff’s claim. However, the judgment was rendered on March 27, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6, 7, Eul evidence Nos. 1 and 2 (including provisional number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is unlawful in the instant disposition that the Plaintiff exercised school violence due to the Plaintiff’s false statement by E student and the Defendant’s false investigation, although the Plaintiff merely rhythm of the E student’s head, and did not use violence.

B. The following circumstances that are acknowledged by the aforementioned evidence and evidence No. 8, Eul evidence No. 2, Eul evidence No. 2, witness I's testimony, and the overall purport of oral argument, i.e., the witness stated that "E at the time of assaulting the plaintiff, E was assaulted because it was done by the plaintiff at the time of assaulting the plaintiff," "E appears to be reliable," the initial on-site statement of E appears to be reliable, and ② during the course of assaulting the plaintiff at the time of assaulting the plaintiff, it is presumed that he was in the course of taking lessons from the witness at the time of assaulting the plaintiff, and that it was presumed that he was difficult to participate from the plaintiff, and ③ the plaintiff himself head of E.

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