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(영문) 춘천지방법원 2018.08.21 2018구합50244
학교폭력가해학생 처분등 취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Details of the disposition

The plaintiff, E, and F were enrolled in the second year in the D High School in 2017 (hereinafter referred to as the "Defendant School").

On January 10, 2018, the Autonomous Committee on Countermeasures against School Violence (hereinafter referred to as the “Autonomous Committee”) held a meeting on the agenda of the “case of reporting that female students taken a bath at a dormitory shower room and taken photographs” through the pipes of the second floor laundry room of the school dormitory in the early 2017.

An autonomous committee deemed that the reported matter is not a school violence case on the ground that there is no specific victim student, and decided not to take measures under the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”).

On January 12, 2018, the Defendant notified the Plaintiff of the result of the above autonomous committee.

After that, the parents of female students in the first grade of the defendant school requested appropriate measures against aggressor students while raising an objection to the results of the above autonomous committee, and the defendant school convened 16 female students in the first grade through a counseling teacher in the school on January 12, 2017 and came to know the case.

Accordingly, female students and parents in the first year submitted a written opinion to the effect that they will open the autonomous committee to punish the students.

On January 30, 2018, the autonomous committee opened a meeting on the agenda of "(16th grade female students and 10th grade female students and 10th grade female students) who want to take a bath in the shower room of the dormitory of female students through the pipes of the second floor of the dormitory in the school dormitory at the beginning of the beginning of 2017, and E/F opened a meeting on the agenda of "(16th grade female students and 10th grade female students) who entered the dormitory inside the dormitory through the underground room."

An autonomous committee shall be comprised of the Plaintiff’s contact, intimidation, and retaliation (Article 17(1)2) with victim students and reported or accused students and experts outside the school, as prescribed by the School Violence Prevention Act.

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