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(영문) 서울행정법원 2020.04.23 2019구합62970
징계조치처분취소
Text

1. All of the plaintiff's lawsuits against the primary defendant and the conjunctive defendant shall be dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff and the Intervenor (hereinafter “victim students”) are students attending D secondary schools located in Yangcheon-gu Seoul Metropolitan Government.

B. On December 4, 2018, a victim student reported to the Autonomous Committee on Countermeasures against School Violence at D Middle Schools (hereinafter “Autonomous Committee”) that the same half-year student, including the Plaintiff, who was the first and third half-year student (hereinafter “aggress student”), continuously and repeatedly committed school violence to himself/herself.

Accordingly, the teachers in charge of school violence in D middle schools have interviewed with victim students from December 5, 2018 to December 7, 2018, and have the victim students prepare specific facts of damage in the form of a written confirmation of a total of 10 pages.

C. On December 20, 2018, the autonomous committee opened a meeting of the 6th autonomous committee on countermeasures against school violence (hereinafter “instant meeting”) and deliberated on the agenda of the 6th meeting of the victim’s report. As a result, 11 aggressor students are deemed to have caused school violence to all the victim. Of the 11 aggressor students, 5 of the total number of the 11 aggressor students shall be deemed to have been “school violence”, 4 including the Plaintiff shall be deemed to have been “no measure”, 17(1) 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 School Violence”), and 17(1) of the former Act on the Prevention of and Countermeasures against School Violence (Article 17(1)1), and 17(1) of the former Act on the remaining two persons shall be deemed to have been resolved by the guardian’s special education under Article 9(1) of the Act.

On January 2, 2019, the principal of the defendant school notified the above 11 aggressor students, including the plaintiff, as a result of the instant meeting, of the following common measures, and the measures taken against the plaintiff are "the written apology to the victim student under Article 17 (1) 1 of the former School Violence Prevention Act" and "the first measure" is "the measure taken against the plaintiff.

was the cause of the measure:

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