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(영문) 서울행정법원 2019.12.13 2019구합3773
학교폭력대책자치위원회조치결과취소
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 (the plaintiff of March 7, 2008) is a student who was enrolled in the first half of the fifth grade of the D elementary school in 2019.

Matters to be requested to take measures against the plaintiff - Documents referred to in Article 17 (1) 1 of the Act on the Prevention of and Countermeasures against Violence (hereinafter referred to as "School Violence Prevention Act") - Matters to be requested to take measures against special education or psychological treatment for five hours under Article 17 (1) 5 of the School Violence Prevention Act - Documents referred to in Article 17 (1) 1 of the School Violence Prevention Act - Matters to be requested to take measures against special education or psychological treatment for five hours under Article 17 (1) 5 of the School Violence Prevention Act - Documents referred to in Article 17 (1) 1 of the School Violence Prevention Act - Documents referred to in Article 17 (1) 1 of the School Violence Prevention Act and documents referred to in Article 17 (1) 5 of the School Violence Prevention and Countermeasures Act - 8 hours of

B. On May 3, 2019, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “instant autonomous committee”) held a meeting on May 3, 2019 and sexual harassment against G, which is a female student of the same half of the Plaintiff, E, and F (hereinafter “Plaintiff, etc.”). A decision was made to request the Defendant to take the following measures against the Plaintiff, etc. on the ground of “the instant autonomous committee”:

(hereinafter referred to as “instant autonomous committee meeting”) . (c) the meeting of the above autonomous committee on May 3, 2019.

The defendant is above Na from the instant autonomous committee.

On May 7, 2019, upon receipt of a request for a resolution set forth in the paragraph, the Plaintiff et al. was sexual harassmented on April 18, 2019.

Each measure such as described in the subsection was taken.

(hereinafter referred to as “instant disposition” only for the above written and measures against the Plaintiff, and for the special education completion or psychological treatment for five hours (5 hours). 【Ground for recognition ] There is no dispute, Gap evidence No. 1, Eul evidence No. 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff’s non-existence of the grounds for disposition is “unfilled game” with E (the questioner is difficult to answer).

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