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(영문) 의정부지방법원 2020.09.08 2019구합13867
징계조치처분취소
Text

Of the instant lawsuit, the part seeking the cancellation of the disposition ordering the completion of one-time student and five-hour special education for guardians.

Reasons

1. Details of the disposition;

A. The Plaintiff was enrolled in the third and fourth grade in Cmiddle School in 2019, and D (hereinafter “victims”) in the third and seventh grade in the same school.

B. C Middle School Violence Autonomy Committee (hereinafter “instant autonomous committee”) held a meeting on June 11, 2019 and held a meeting to “the fact that the Plaintiff caused verbal violence and physical violence to D after March 2018” refers to the Plaintiff’s “former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former Act on the Prevention of and Countermeasures against School Violence”).

(C) On June 14, 2019, the Defendant requested the Plaintiff to take each of the measures requested by the instant autonomous committee and notify the Plaintiff of the contact with the written company under Article 17(1)1, the victim students under subparagraph 2, and other reported or accused students, the prohibition of intimidation and retaliation (not later than the graduation in 2020), the number of special education under Article 17(3), the number of special education under Article 17(3), the number of special education under Article 17(9), and the number of special education under Article 17(9) for five hours.

each entry, the purport of the whole pleading

2. Whether the part seeking revocation of measures under Article 17 (3) and (9) of the former Act on the Prevention of School Violence is legitimate;

A. Article 17(1) of the former Act on the Prevention of School Violence provides that “The autonomous committee shall request the head of a school to take any of the following measures (including where several measures are concurrently taken) against an aggressor student in order to protect victim students and guide and educate aggressor students.”

The above provisions stipulate all the entities taking measures against victim students and aggressor students as the "head of a school", and take measures against victim students and aggressor students.

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