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(영문) 수원지방법원 2019.06.20 2018구합70913
학교폭력 가해학생 징계처분 취소 청구
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. The Plaintiff was a student who was enrolled in the first half of the year D Middle School in 2018.

B. On June 25, 2018, the Autonomous Committee on Countermeasures against School Violence at D Middle Schools (hereinafter “instant autonomous committee”) held a meeting on June 25, 2018 (hereinafter “instant meeting”) and held “the Plaintiff shall be held at the time from March to May, 2018 with E when he 3 to April 1, 2018, together with E. / F shall walk her f’s f’s cambling and drinking in G apartment market on June 1, 2018. After that, the Plaintiff assaulted F’s physical part in G mountain, and then / After her use as the reason for the instant disposition (hereinafter “instant disposition”), the Plaintiff shall make a request to the Defendant for special measures stipulated in Article 17(1)2 and 5(2) of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “Special Measures against School Violence Act”); and (3) the Plaintiff shall make a request for the instant measure to prevent school violence and by not more than 20 hours, and (hereinafter “Special Measures against School Violence”).

C. On June 27, 2018, the Defendant notified the Plaintiff of the instant measure (hereinafter “prior disposition”). D.

The plaintiff's father B filed a request for a review on the transfer measures during the preceding disposition with the Gyeonggi-do Mediation Committee of Disciplinary Punishment on Students, but the Gyeonggi-do Mediation Committee of Disciplinary Punishment on Students decided to dismiss B's request for reexamination on July 24, 2018.

E. The Plaintiff filed an administrative appeal with the Gyeonggi-do Office of Education on the transfer measure among the preceding dispositions, and the Gyeonggi-do Office of Education Administrative Appeals made a ruling changing the transfer measure to the 10th day of the suspension of attendance under the preceding dispositions on September 20, 2018.

In the preceding disposition, ① the suspension of attendance at the school is 10 days (in the preceding disposition, changed by the preceding adjudication, ② the student.

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