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1. The principal of the H High School operated by the Defendant against the Plaintiff A on April 5, 2019.
Reasons
Basic Facts
The Defendant is an educational foundation that operates H High Schools (hereinafter referred to as “H High Schools”), and the Plaintiffs were male students who attended the second grade I of H High Schools (as at the time of 2019).
From March 15, 2019 to March 17, 2019, the Plaintiffs divided the instant conversation (the details are as shown in attached Table 1; hereinafter “instant conversation”) with K of male students who were in the second grade J as the same school-friendly district and with K of social network services (hereinafter “instant toilet room”).
Among the instant dialogue contents, L and M (hereinafter collectively referred to as “victims of this case”) who were female students enrolled in the second grade of H high school like the Plaintiffs were included in the part of the conversation.
L, around March 17, 2019, found that H high school L had been lent from the line of H high school and stored the ID and password of K’s Facebook account (it was recorded by K on February 2, 2019 in its facebook account). At his own discretion, K applied the contents of the instant conversation to the above account of K and reported it to H High Schools while sharing it with M.
At a meeting held on April 2, 2019, the Autonomous Committee for Countermeasures against School Violence (hereinafter “Autonomous Committee”) recognizes that the dialogue between the plaintiffs and K constitutes school violence, and the head of H High School shall be in attached Table of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former Act on the Prevention of and Countermeasures against School Violence”) Article 17 of the former Act, Article 19 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 29950, Jul. 2, 2019; hereinafter “former Enforcement Decree of the Act on the Prevention of School Violence”), detailed standards applicable to the measures against aggressor students by school violence (amended by Presidential Decree No. 2020-218, Feb. 25, 2020).