2015Guhap50522 Documents and revocation of disposition

Fixed00

Since the legal representative is a minor, the father of parental authority ○○, mother Kim○○

Law Firm citizen, Attorney Ko Young-hoon and Choi Yong-sik, Counsel for the defendant-appellant-appellant

○○ High School

Law Firm Drown, Attorneys Kim Ui-tae, Counsel for the plaintiff-appellant

October 8, 2015

November 19, 2015

1. The plaintiff's claim is dismissed.

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

The defendant shall revoke its written apology and disposition against the plaintiff on December 8, 2014.

1. Details of the disposition;

A. The Plaintiff and Kim Mandong was a student who attended the first-year class of ○ High School in 2014.

B. The Autonomous Committee on Countermeasures against School Violence at ○○ High School (hereinafter referred to as the “Autonomous Committee”) may be established on December 3, 2014.

Six students, including the plaintiff, held a meeting of the autonomous committee to exercise school violence (collective harassment) against the plaintiff, and decided to make a written apology and disposition against the plaintiff in accordance with Article 17 (1) 1 of the School Violence Prevention and Countermeasures Act (hereinafter referred to as "School Violence Prevention Act").

C. On December 8, 2014, the Defendant issued a written apology and disposition against the victim student (hereinafter “instant disposition”) to the Plaintiff in accordance with the resolution of the autonomous committee (hereinafter “instant disposition”).

2. Determination as to the Defendant’s main defense

The defendant has already performed a written document with the Plaintiff in accordance with the disposition of this case, and the lawsuit of this case is unlawful as there is no benefit to protect the rights.

However, Article 25(1) of the Elementary and Secondary Education Act provides that the head of a school shall comprehensively observe and evaluate academic achievement and personality (personality) according to the standards prescribed by Ordinance of the Ministry of Education. Article 25(1) of the Enforcement Rule of the same Act provides that "act characteristics and comprehensive opinions" shall be recorded with respect to the relevant student. Article 21(1)6 of the Enforcement Rule of the same Act provides that "If measures are taken pursuant to Article 17 of the School Violence and Prevention and Countermeasures Act, the relevant student shall be recorded." In addition, Article 5(3) and (4) of the Rules on the Preparation and Management of School Life Records (amended by Ordinance of the Ministry of Education No. 57 of March 5, 2015) provides that "the head of a school shall prepare and manage school life records and comprehensive opinions of the relevant student's school life records (II)" and Article 18(5) provides that "the head of the school shall be removed from the school life records of this case and his/her comprehensive opinion on the school life records of this case."

3. Whether the instant disposition is lawful

A. The plaintiff's assertion

The instant disposition is procedural defect in violation of Article 23 of the Administrative Procedures Act without presenting the grounds for the disposition.

The plaintiff was illegal since the disposition of this case was taken on the premise that he did not exercise school violence against Kim Ban.

The instant disposition is unlawful as it infringes on the freedom of conscience and personal rights guaranteed by the Constitution.

(b) Related statutes;

It is as shown in the attached Table related Acts and subordinate statutes.

(c) Fact of recognition;

1 ) 카카오톡 채팅방 사건가 ) 원고, 이①①, 오①①, 김DD, 김, 조①①, 이, 이, 김○ ( 이하 ' 원고 등 ' 이라 한다 ) 는 2014. 5. 1. 1학년 O반 카카오톡 채팅방에서 다른 반 학생 윤◎ ◎에 대해 흉을 보았고, 윤이의 친구였던 김◎◎ 이 카카오톡 대화를 보고 윤이에게 그 내용을 전달하여 이와 윤◎◎ 학생이 다투게 되었다 .

B) The Plaintiff et al. sent the content to the Kakakao Kakamath, and expressed his desire to do so. After then, the Plaintiff et al. told knick to the knive of knife Kim knife, knife Kim knife.

C) At the time of May 5, 2014, the mother of Kim Mad Co., Ltd. known the above fact to the first-year Ostroper, and his parents promised to prevent the recurrence to Kim Mad Co., Ltd. and their parents.

5. 13. The case was closed under the responsibility of the teacher in charge.

2) After the Kakakao Stockholm case, the plaintiff et al. thought that the plaintiff et al. continued to see the Kakakao Stockholm case, and did not go to the school from October 23, 2014 to November 24, 201 of the same year, and the Kakak Kaol's parents knew of this to the Kakao kn knit, and the kniver was received as school violence on November 24, 2014.

B) On October 24, 2014, November 21, 2014, 2014, Kim Mandong stated that the Plaintiff her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with

C) On November 201, 2014, the 1st class O students conducted a survey on the actual condition of school violence on the part of the students. Among them, there were students suffering from school violence, such as language violence and bullying, etc., and the students were Kim Man, and the aggressor student was the plaintiff et al., and there was an answer that the plaintiff et al. al. took an additional answer to the question that the plaintiff et al. al. al. al. took a bath to Kim Man.

D) Accordingly, the Autonomous Committee on Countermeasures against School Violence was held on December 13, 2014, and after hearing the opinions of Kim Man and his mother, the plaintiff et al. and the mother of the plaintiff et al., and the attending teachers, the Kim Man-kn't decided to receive psychological counseling and advice and to provide medical treatment and care to the plaintiff. The plaintiff adopted a resolution to give written apology to the victim.

E) Accordingly, on December 8, 2014, the Defendant rendered the instant disposition to the Plaintiff.

F) On the other hand, Kim Man legal branch office in Incheon District Prosecutors' Office filed a complaint against the plaintiff as a crime of insult, on the other hand, the plaintiff reported that the plaintiff's physical uniforms were far away, and that the plaintiff expressed his/her desire at a large sound.

22. A disposition of non-prosecution was rendered on the ground that the bath theory was not specified in the Kim Mandong, and that it was not suspected of being suspected.

[Ground of recognition] The facts without dispute, each evidence of Gap's 2-1, 2, 3-1 to 3, Eul's 1, 2-1 to 5, and 3-1 to 6, the witness's testimony, and the whole purport of pleading

D. Determination

1) Whether procedural defects are procedural defects

Article 23(1) of the Administrative Procedures Act provides that an administrative agency shall provide the basis and reasons for the disposition to the parties when rendering a disposition. This purport is to exclude arbitrary decisions of the administrative agency and allow the parties to properly cope with the administrative remedy procedure. Thus, in full view of the contents stated in the written disposition and related Acts and subordinate statutes, and the overall process, etc. up to the disposition, where it is deemed that there was no particular hindrance to the party's moving into the administrative remedy procedure as at the time of the disposition, the disposition cannot be deemed unlawful due to its failure to specify the grounds and reasons in the written disposition (see Supreme Court Decision 2007Du20362, Dec. 10, 2009, etc.). Thus, according to the above evidence, the plaintiff prepared a statement about the relevant case and subsequent series of cases, and it cannot be seen that the plaintiff violated the Administrative Procedures Act and subordinate statutes, and it cannot be seen that there was any obstacle to the administrative remedy procedure, etc. by considering the overall relation between the plaintiff and the plaintiff.

Article 2 subparag. 1 of the School Violence Prevention Act refers to the act resulting in physical, mental, or property damage caused by injury, assault, confinement, intimidation, abduction, abduction, defamation, insult, coercion, coercion, coercion, sexual violence, bullying, cyber bullying, or obscene and violent information through information and communications networks, etc.

As to this case, according to the above facts, the plaintiff's series of actions against knives and bullying constitutes insult and bullying, and the plaintiff's act seems to have suffered considerable physical and mental damage. Thus, it is reasonable to view that the plaintiff's act constitutes school violence as stipulated in Article 2 subparagraph 1 of the School Violence Prevention Act. Therefore, the plaintiff's assertion on this part is without merit. As to whether the disposition of this case infringed the plaintiff's freedom of conscience and personality rights, Article 17 (1) of the School Violence Prevention and Countermeasures Act should request the head of school to take any of the following measures against the aggressor for the protection of victim students and leading education of aggressor students, and Article 17 (1) of the Act on the Prevention of and Countermeasures against Violence in the Republic of Korea provides that the autonomous committee shall request the head of school to take any of the following measures against the aggressor students for the protection of victim students and leading education of aggressor students. The disposition of this case is based on the law, it seems that there is considerable autonomy, and it seems that the plaintiff's personal rights were not infringed.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit, and it is so decided as per Disposition.

Judgment of the presiding judge;

Judge Detailed-type

Judges Hong-gion

A person shall be appointed.

A person shall be appointed.