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(영문) 수원지방법원 2019.10.17 2019구합66584
전학처분취소청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On April 2019, the Plaintiff attended the first grade of D High School (hereinafter “instant school”) which is a public school, along with the two balls E and F.

B. On April 17, 2019, from around 17:30 to 19:00, the instant school student, including the Plaintiff, and 15-16 students from G high school collectively assaulted E and ice to F (hereinafter “Assault case”).

C. Accordingly, the Defendant, following the resolution of the Autonomous Committee on Countermeasures against School Violence (hereinafter “instant Committee”) on May 8, 2019, issued a transfer to the Plaintiff, five hours of special education, five hours of special education, and five hours of special education of guardians (hereinafter “instant disposition”) pursuant to Article 17(1)8, (3), and (9) of the School Violence Prevention and Countermeasures Act (hereinafter “School Violence Prevention Act”).

The Plaintiff filed a request for review of the measure to change schools during the instant disposition, but the request for review was dismissed on May 28, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1-2, Eul evidence 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The non-existence of the grounds for disposition is a fact that there are several occasions of threat among the students of G high schools in the field of assault, but they did not assault E and F. At that time, they did not act jointly with the students of G high schools. Accordingly, there is no ground for the instant disposition. Accordingly, there is no ground for the instant disposition. (ii) The Plaintiff and E first provide students who are different from the Plaintiff with loans of the assault case, taking into account the circumstances surrounding the Plaintiff when they were committed, and there are circumstances that may be considered when they were committed, the Plaintiff and E agreed on the assault case, and the transfer disposition excessively infringes the Plaintiff’s right of learning sufficient to guide.

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