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(영문) 수원지방법원 2020.02.06 2019구합71159
가해학생징계처분취소청구
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. On September 2019, the Plaintiff and C (hereinafter “victims students”) attended the sixth-year public school located in Ischeon-si D (hereinafter “instant school”).

B. On July 24, 2019 through a resolution of the Autonomous Committee on Countermeasures against School Violence (hereinafter “instant autonomous committee”), the Defendant rendered a disposition against the Plaintiff on July 24, 2019 on the ground that “the Plaintiff, along with other eight students, exercised verbal and physical school violence in group, such as playing and bullying the victim student with the E-Spepepepepepepepepepepepepe,” (hereinafter “instant autonomous committee”), such as contact with the victim student and the reported student, prohibition of intimidation and retaliation, transfer, special education, five hours of special education, and five hours of special education of guardian (hereinafter “instant disposition of change of schools”).

C. The Plaintiff filed a request for reexamination of the instant disposition, but the request for reexamination was dismissed on September 3, 2019.

【Ground for recognition】 The fact that there is no dispute, entry of Gap's 3 through 6, the purport of whole pleading

2. Whether the disposition is lawful;

A. The plaintiff's assertion has a fact of playing with other son and son, but there is no fact of allowing some son to be a victim student.

Rather, victim students had a great sound when viewed the plaintiff, and followed the plaintiff by doing so.

On July 2019, the Plaintiff received a diagnosis that there is a need for interest due to the lack of intelligence and judgment ability.

The plaintiff is a student in need of interest and protection in the school because he/she is not a victim student, and the plaintiff's behavior is well aware of the status of the victim student, so he/she can correct it by education or guidance in the school

Considering all such circumstances, the instant disposition is proportional principles.

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