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(영문) 수원지방법원 2017.03.22 2015구합3189
학교폭력대책자치위원회처분취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Article 17 (3) of the Act on the Prevention of School Violence during one-hour special education course under Article 17 (1) 2 of the Act on the Prohibition of Intimidation, Intimidation, and Retaliation, Etc. against victim students and reported or accused students based on the Act on the Grounds for Measures Taken to Countermeasures against

A. On October 15, 2015, the Defendant notified the Plaintiff of the following measures under the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”) upon the request of the Autonomous Committee on Countermeasures against School Violence at Einian Elementary Schools held on October 12, 2015, and the Plaintiff received the said notification on October 20, 2015.

below:

1. The measures described below are “instant No. 1 disposition” and the following:

2. The stated measures are “instant No. 2”

B) At the time of each of the instant dispositions, the Plaintiff was enrolled in the sixth grade of Ein Elementary School and graduated from the middle school on February 2016, and is attending the middle school as of the date of closing argument in the instant case. (The fact that there is no dispute over the grounds for recognition, entry of evidence No. 2, and the purport of the entire

2. To make entries in the attached statutes concerned;

3. Whether the lawsuit of this case is legitimate

A. Article 17(1)2 of the School Violence Prevention Act prohibits a certain act against a victim student, etc. of an aggressor student, and Article 24(2) of the Enforcement Rule of the Elementary and Secondary Education Act provides that "the head of a school shall delete measures under Article 17(1)2 of the School Violence Prevention Act, which is recorded due to behavioral characteristics of the school life records, with the relevant student's graduation." Article 18(5) of the Guidelines for the Preparation and Management of School Life Records provides that "the head of a school shall delete measures under Article 17(1)2 of the School Violence Prevention Act, which is entered in the student life detailed records (II), shall be deleted simultaneously with the relevant student's graduation, in light of the contents and provisions of the above measures."

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