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(영문) 서울행정법원 2020.05.15 2019구합61281
학교폭력 중앙행정심판위원회 재결판정 취소 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. In 2018, the Plaintiff was in the fifth and fifth grade E of the D Elementary School (hereinafter “instant school”); and F was in the fifth grade G of the instant school.

B. The Plaintiff’s mother C reported that the Plaintiff was subject to school violence from F on March 23, 2018.

On May 10, 2018, the Autonomous Committee on Countermeasures against School Violence (hereinafter referred to as the “Autonomous Committee”) decided that F would not take any measure against the Plaintiff on the ground that “the Plaintiff’s psychological and physical harm is insufficient to prove the psychological and physical harm claimed by the Plaintiff, and it is difficult to view the damage as due to F’s behavior, and it does not constitute “school violence,” and the principal of the instant school notified the Plaintiff of the above decision on May 15, 2018.

(hereinafter “instant disposition”). C.

On May 25, 2018, pursuant to Article 17-2(1) of the 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 School Violence”), the Plaintiff’s father B filed a request for reexamination with the Seoul Special Metropolitan City Regional Committee for Countermeasures against School Violence (hereinafter “Local Committee”) on May 25, 2018, and the Local Committee decided on June 28, 2018 to the effect that the instant disposition is appropriate, that “the head of the instant school does not request additional measures against F” with the purport that the instant disposition is appropriate.

(hereinafter “instant decision on review”) D.

On August 31, 2018, the Plaintiff filed an administrative appeal seeking the cancellation of the above review decision with the Defendant on August 31, 2018, but the Defendant dismissed the Plaintiff’s appeal on December 18, 2018, with the purport that the determination of the review decision of this case cannot be deemed unlawful and unfair.

(hereinafter “instant adjudication”). E.

At present, both the Plaintiff and F have graduated from the instant school and entered a middle school.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The Plaintiff’s assertion is from F on March 23, 2018.

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