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(영문) 광주지방법원 2014.05.01 2013구합2402
전학처분 취소
Text

The Defendant’s transfer disposition against the Plaintiff on June 20, 2013 is revoked.

Costs of lawsuit shall be borne by the defendant.

Paragraph 1..

Reasons

1. Basic facts

A. From March 2012, the Plaintiff was enrolled in the first grade and seventh grade of the D Middle School located in the Jeon-nam-gun, Chungcheongnam-do, and is currently attending the third grade of this school.

B. On April 17, 2013, the Ministry of Education requested the Defendant to hold a meeting on the following matters (hereinafter “former meeting”) pursuant to Article 13(2)3 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Act”), and requested the Defendant to take a five-day measure against the Plaintiff pursuant to Article 17(1)3 of the School Violence Act, upon holding a meeting on the following matters pursuant to Article 13(2)3 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Act”).

On April 17, 2013, the Defendant rendered a five-day school service (hereinafter “previous Disposition”) to the Plaintiff pursuant to Article 17(6) of the School Violence Act (hereinafter “School Violence Act”).

[Case of the Meeting of April 17, 2013] A victim student: A victim student: bodily violence, verbal violence, and sexual indecent act

C. On June 18, 2013, the autonomous committee on the opening of the meeting of the autonomous committee and the change of schools on the following matters (hereinafter referred to as “instant meeting”) held a meeting on the following matters, and recognized that the Plaintiff exercised the same school violence as the content of the instant meeting to the victim and requested the Defendant to transfer the Plaintiff pursuant to Article 17(1)8 of the School Violence Act.

Accordingly, on June 20, 2013, the Defendant rendered a transfer disposition to the Plaintiff pursuant to Article 17(6) of the School Violence Act (hereinafter “instant disposition”).

[Case at the Session of June 18, 2013] Victim: G and H aggressor student: The plaintiff's physical assault, sexual indecent act, verbal violence, forced heart [based], Gap's evidence 1, 11, Eul's evidence 1, 2, 8, 16, 16.

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