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(영문) 서울중앙지방법원 2014.04.04 2013가합28808
서면사과처분무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is an educational foundation that operates the F Middle School located in Seongbuk-gu Seoul, Seoul, and the plaintiff was a first-class and third-class student of the above middle school at the time of this case.

B. On March 29, 2013, the F Middle School Violence Countermeasures autonomous committee (hereinafter “Autonomous Committee”) established pursuant to the School Violence Prevention and Countermeasures Act (hereinafter “School Violence Prevention Act”) opened a meeting on March 29, 2013 (hereinafter “instant meeting”) and requested the head of the F Middle School to take measures under Article 17(1)1 of the School Violence Prevention Act (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff was insulting by using the same anti-student term as “mortu” for the use of the term “mortu,” and the head of the F Middle School decided to take such measures (hereinafter “instant disposition”).

C. Accordingly, on April 1, 2013, the FII notified the Plaintiff of the instant disposition.

Relevant statutes shall be as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence 2-2, Gap evidence 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff’s substantive defect did not play G as “Mok”.

Even if the Plaintiff committed such an act, the Plaintiff’s act does not constitute school violence on the ground that the Plaintiff could not be deemed to have insultd G, since G had already referred to as “morial” itself, and thus, it cannot be deemed that the Plaintiff did not have caused any mental injury to G.

Therefore, the disposition of this case on the premise that the plaintiff is an aggressor student in school violence is null and void.

B. During the process process process, a sufficient investigation was not conducted on whether the Plaintiff was playing G as “Muuk”, and a compulsory investigation was conducted on the Plaintiff who was admitted to the first year of middle school.

Therefore, the instant disposition is null and void due to significant and apparent defects.

3. Determination

A. 1 Recognition of Facts as to the assertion of substantive defects A.

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