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(영문) 수원지방법원 2017.03.21 2016구합66958
조치처분취소
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 and E (hereinafter “victims students”) are students attending the second half of the fifth grade of the D elementary school located in Ansan-si F at the time of July 26, 2016.

B. On July 21, 2016, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “instant autonomous committee”) held a meeting of the Autonomous Committee on Countermeasures against School Violence at the third time in March 2016 and July 8, 2016 for the Plaintiff’s victim students (i) the Plaintiff was a victim student at the classroom on July 6, 2016, and (ii) the Plaintiff was a student during the camping-gu class on July 8, 2016, and referred to as the “each of the instant school violence” as the case’s face. In addition, each of the instant cases referred to as the “each of the instant school violence”), pursuant to Article 17(1) of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”), held a meeting of the Autonomous Committee on School Violence at the third time in March 2016, and made a written resolution on the Plaintiff’s occurrence of a victim student (Article 17(1) and (3) of the instant school violence Prevention Act), and the Plaintiff’s request for special treatment (Article 15(3).

C. Accordingly, on July 26, 2016, the Defendant rendered the same disposition as the result of the instant disposition (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s school violence in each of the instant case was the cause of determination.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4, the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant disposition should be revoked, inasmuch as the procedural illegality of the instant disposition is found as follows:

1) Article 13(1) of the School Violence Prevention Act provides that the autonomous committee shall commission a majority of the total members of the committee, who are directly elected at the parents’ plenary meeting (Article 13(1)). However, the committee shall participate in the instant resolution.

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