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(영문) 대전지방법원 2015.09.09 2014구합4230
학생징계처분취소
Text

1. The Defendant’s transfer disposition against the aggressor student in school violence committed against the Plaintiff on March 24, 2014 (1) and (2).

Reasons

1. Details of the disposition;

A. The Plaintiff, E, and F entered D Middle Schools (hereinafter “D Middle Schools”) around March 4, 2014 and were enrolled in the first year.

B. From March 10, 2014, the Plaintiff expressed his/her desire to “spawn and sick” in the classroom to E from March 10, 2014, and played in the same manner with the students of the disabled group, and 3 times per week spawn and spawned or spawn up to 2 times per week.

C. From March 6, 2014 to F, from around March 6, 2014, the Plaintiff play the classroom “F mixd mix”, and marf’s shoulder and bridged to twice per day.

Around 14:00 on March 20, 2014, the father of E reported school violence by the Plaintiff to the effect that the Plaintiff continues to bullying E.

E. On March 20, 2014, the Defendant investigated the Plaintiff, E, and F, and confirmed that the Plaintiff’s mother C will hold the Autonomous Committee on Countermeasures against School Violence at the phone on March 21, 2014 (hereinafter “Autonomous Committee”) around 17:00 of the same day.

F. On March 21, 2013, the autonomous committee opened a meeting around 16:40 on the ground that the Plaintiff continued to bullying with E and F (hereinafter “instant school Violence Prevention Act”) and decided to “five days of special education, five days of suspension of attendance, five days of transfer, and transfer of schools” pursuant to Article 17(1)5, 6, and 8 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”).

G. On March 24, 2014, the Defendant issued a disposition against the Plaintiff to “a written apology against victim students, the contact between victim students and reported or accused students, the prohibition of intimidation and retaliation, the completion of special education or psychological treatment by experts outside the school, five days of suspension of attendance, five days of transfer,” and the Plaintiff’s parents also received special education (hereinafter “instant disposition”).

H. On April 7, 2014, the Plaintiff filed a request for reexamination with the Daejeon Metropolitan City Student Disciplinary Conciliation Committee, but the Plaintiff was dismissed on April 25, 2014, and the appeal was made on June 16, 2014.

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