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(영문) 수원지방법원 2020.05.14 2019구합74837
학교폭력 가해학생 징계처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a student who is enrolled in D elementary schools located in E in e in e, and Nonparty F (hereinafter “victim”) is a student who transferred at D elementary schools around May 2019 and is enrolled in the same half (three and sixth half) as the Plaintiff from that time.

B. On September 5, 2019, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “instant autonomous committee”) held a third-time meeting of the Autonomous Committee on Countermeasures against School Violence in March 2019 and deliberated on the following matters with respect to the Plaintiff: (a) acknowledged that the Plaintiff committed school violence to a victim student at the unanimous intervals of nine members of the instant autonomous committee; and (b) determined that the determination score by the detailed criteria notice for the applicable measures against the aggressor students established and publicly notified by the Minister of Education (hereinafter “instant public notice”) should be calculated as one point to the Plaintiff and decided to take measures in writing under Article 17(1)(g) and (i) of the former Act on the Prevention of and Countermeasures against School Violence (Amended by Act No. 1641, Aug. 20, 2019; hereinafter “former School Violence Prevention Act”).

① On May 10, 2019, the Plaintiff: (a) claimed to the victim and the victim; and (b) subsequently, (c) took a bath by means of text to the victim, such as the ringer, i.e., g., i., e., g., i., e., g., g., i.,

② 원고는 2019. 5.경 피해학생의 뒷목을 수회 때렸고(이른바 ‘딱밤’), 피해학생이 원고에게 아프다며 하지 말라고 하여 그 이후에는 하지 않았다.

③ In 2019, the Plaintiff laid off G et al. from the same half of students with the floor of hand on the date of the 2019, and caused the victim student to fill a hole at the time of bucking by the victim student.

④ On July 10, 2019, the Plaintiff had a victim student tightly talked with G and a victim student while talking with the victim student.

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