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(영문) 전주지방법원 2018.10.18 2017구합2674
출석정지등 처분취소
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 is a student who attended the same class as that of the D Middle School in 2017, along with E (hereinafter “victims”).

B. On June 15, 2017, the Autonomous Committee on Countermeasures against School Violence at D Middle Schools (hereinafter “instant autonomous committee”) decided to take measures against the Plaintiff for five days of suspension of attendance with respect to the Plaintiff, five hours of completion of special education, five hours of completion of special education, and five hours of completion of special education with respect to the Plaintiff’s parent, on the ground that the Plaintiff continuously committed violence, including the Plaintiff’s expulsion from the beginning of a semester to the victim, and that the victim’s personal information and character-abstinence was caused by his/her psychological harassment by raising the victim’s personal information in Pins North Korea.

C. On June 19, 2017, the Defendant notified the Plaintiff that the measures were taken according to the result of the instant autonomous committee’s resolution (hereinafter “instant disposition”). D.

On September 18, 2017, the Plaintiff’s father B appealed with the Education Administrative Appeals Commission of Jeollabuk-do on September 18, 2017, but the said Administrative Appeals Commission dismissed B’s claim on October 16, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 11, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion 1) In full view of the following: (a) the Plaintiff’s act was not a bad thing between the Plaintiff and the victim student; (b) the Plaintiff’s act was merely a serious accident between the victimized student; and (c) the Plaintiff also abused and abused discretion to the victimized student; (b) the instant disposition is an unlawful disposition that deviates from and abused discretion. (c) The instant autonomous committee includes assistant principal and teachers of the D Middle School that engaged in biased behavior, such as abusive language with the Plaintiff, and the instant disposition is subject to unfair investigation into the Plaintiff’s abusive language and abusive language.

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