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(영문) 춘천지방법원 2018.09.04 2018구합5374
특별교육이수처분취소 등
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. The Plaintiff is a student who was enrolled in the first and second grades C elementary school, a public school in 2017.

B. On November 7, 2017, after deliberation by the Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”), the Defendant issued each of the instant dispositions against the Plaintiff pursuant to Article 17(1)1, 2, 3, and 9 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “Act”) for the following reasons.

- On October 11, 2017, the Plaintiff and the victim D (hereinafter “victim”) play together in the playground at the point of occupied trial on October 201, 2017, and the Plaintiff suffered from a defect in the axis with other friendships. During the classroom course, the victim student gets out of the vicinity of the elementary school care classroom while entering the classroom, and the student gets out of the front school care classroom (hereinafter “reasons for Disposition 1”; - On October 13, 2017, the Plaintiff gets out of the front side of the eye of the victim (hereinafter “reasons for Disposition 1”); and the Plaintiff gets out of the front part of the victim’s chest on the ground that the victim student does not play with her own (hereinafter “reasons for Disposition 2”). C.

The Plaintiff dissatisfied with each disposition of the instant case and filed an administrative appeal with the Gangwon-do Educational Administrative Appeals Commission on December 31, 2017, but the said claim was dismissed on March 27, 2018.

【Facts without dispute over the grounds for recognition, Gap evidence 1, Eul evidence 11, and the purport of the whole pleadings

2. Judgment on the main claim

A. The Plaintiff’s assertion (as follows) 1) The Plaintiff did not consent to the victim on October 11, 2017, and the victim merely went beyond the stairs while playing in the playground with the Plaintiff.

B) On October 13, 2017, the Plaintiff did not have her chest of a victim student on his/her elbow on October 13, 2017. 2) The Defendant’s side did not immediately file a report even though he/she became aware of the school violence on October 11, 2017 and October 13, 201, and the Plaintiff reported the school violence on October 20, 201.

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