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(영문) 대구지방법원 2020.01.16 2019구합23700
학교폭력징계조치처분 취소 청구의 소
Text

1. On July 3, 2019, the Defendant’s contact, intimidation, and contact with the victim and the reported or accused student against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff and F are students attending the first half of the sixth grade of the D Elementary School.

B. On June 24, 2019, F’s mother reported school violence to F on the ground that the Plaintiff brought school violence to F.

C. On July 1, 2019, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “instant autonomous committee”) attended and convened a meeting by six (6) members, among seven (7) members of the total number of seven (11:00), and five (5) members, excluding one (1) a challenge motion filed by F, have decided to take measures against the Plaintiff as measures against the perpetrator, pursuant to Article 17(1)2, 3, (3), and (9) of the Act on the Prevention of and Countermeasures against Violence at School (hereinafter “School Violence Prevention Act”), such as the prohibition of contact, intimidation, and retaliation against the victim and the reported or accused student, five (5) hours in school attendance at school, four (4) hours in special education at school, and four (5) hours in special education of guardians.

On July 3, 2019, the Defendant took the same action as the above measures decided by the instant autonomous committee with the following grounds:

(hereinafter “instant disposition”). In G dialogue from April 4, 199 to April 5, 199, the Plaintiff is unable to unilaterally pursue F and inflict emotional injury on the part of F. From April 4, 199 to April 5, 199, the Plaintiff’s desire to take a hand on F. The Plaintiff’s hand at the night room from April 4, 19 to April 5, 19.

B. From April 4, 199 to April 5, 199, when the plaintiff theory a waiting line at rest toilets, the plaintiff is a mobile phone with F, etc.

l. A cleaning agent has a fact that the Plaintiff sprinks F with water Nos. 2-3 at a meal toilet. [Recognition-based] The Plaintiff does not dispute, the entries in Gap Nos. 1, 2, and 3, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The composition of the above autonomous committee is unlawful since the members representing students of the instant autonomous committee were not commissioned in accordance with due process under Article 13(1) of the School Violence Prevention Act. Thus, the instant disposition based on the resolution of the illegal autonomous committee is taken.

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