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(영문) 춘천지방법원 강릉지원 2018.09.13 2018구합30014
조치처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Plaintiff A and E, F, G, H, I (hereinafter “victims”) and Egres (hereinafter “victims”) are students in the first grade of D secondary schools located in the Gangnam-siJ as of December 2, 2017, and Plaintiff B and Plaintiff C are the mother of Plaintiff A.

B. On December 14, 2017, the D Middle School Sports Teachers reported school violence to the Defendant that the victim was subject to school violence.

C. The Autonomous Committee on Countermeasures against School Violence in D Middle Schools (hereinafter “Autonomous Committee”) held a meeting on December 26, 2017 on the ground that Plaintiff A, E, F, G, and H collectively exercised physical violence against victim students. Pursuant to Article 17(1)5 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”), Plaintiff A resolved to complete a special education course or to take psychological treatment measures by an internal or external expert, and to complete a special education course or to take measures for Plaintiff B, and C’s special education for five hours pursuant to Article 17(9) of the School Violence Prevention Act.

On December 27, 2017, the Defendant rendered the same disposition as the above resolution against the Plaintiffs (hereinafter “instant disposition”).

E. Meanwhile, the contents of the resolution by the autonomous committee with respect to E, F, G, H, and their respective guardians are as follows. The measure against aggressor students E is a written copy for a victim student under Article 17(1)1 of HH, and a special education for guardians under Article 17(3) of the 10 hours of service 17(3) of the WE Center for special education of the guardian under Article 17(1)3 of the 17(1)3 and 7 hours of service 17(3) of the WE Center for special education of the guardian under Article 17(9) of the F. 5 of the 17(1) of the FA Center for special education of the guardian under Article 35 hours of

F. At the time of the instant school violence, the autonomous committee held a separate meeting on January 8, 2018 and passed a resolution on a written apology and measure against a victim student pursuant to Article 17(1)1 of the School Violence Prevention Act.

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