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(영문) 광주지방법원 2019.12.05 2019구합10399
출석정지처분 등 무효확인의 소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant against the Plaintiff on October 31, 2018.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the middle school on March 2, 2018 and is a student, and the Defendant is the head of the B middle school that the Plaintiff attends.

B. On October 1, 2018, C, a middle school student, filed a report on school violence with the Defendant to the effect that “Plaintiff himself/herself was sealed in the front wall of a toilet, and the Plaintiff was fluoring sexual intercourse,” through the teachers in charge of school violence in the year 1, 2018.

C. From October 4, 2018 to October 10, 2018, the Defendant was investigating the Plaintiff’s school violence by receiving a situation statement from D, E, F, G, H, I, J, and K, the same school student as C, including C, etc.

On October 8, 2018, the Defendant issued an interview time with L/C’s guardian with respect to the above C’s contents. On the same day, pursuant to Article 21(2) of the Enforcement Decree of the School Violence Prevention Act, the Defendant first issued a disposition of suspension of attendance against the Plaintiff for 10 days.

E. On October 15, 2019, the Defendant held an organization in exclusive charge of B middle school violence (hereinafter “organization in exclusive charge”) related to the above C’s report, and L also attended the said organization. The said exclusive organization decided to refer the Plaintiff’s act related to C’s report to B middle school school violence autonomous committee (hereinafter “self-governing committee”).

F. On October 22, 2018, the autonomous committee requested the Plaintiff to take each of the following measures pursuant to the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”). On October 31, 2018, the Defendant issued the same disposition (hereinafter “instant disposition”) to the Plaintiff on the ground that the following measures were indicated (hereinafter “the instant measure”).

On October 4, - Indecent conduct was committed against C students who are pushed down on the front wall of the toilet and flavating them, - Indecent conduct was committed against D students.

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