logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.10.17 2018누71979
징계처분취소
Text

1. Article 17 subparag. 8 (Transfer) of the Act on the Prevention of and Countermeasures against School Violence, which the Defendant rendered to the Plaintiff on February 5, 2018.

Reasons

1. Details of the disposition;

A. The Plaintiff and D (hereinafter “victim students”) were enrolled in the first and eighth grade of the E-middle School located in Ansan-si in 2016.

B. On September 29, 2017, the E-middle School School Violence Autonomous Committee (hereinafter “instant autonomous committee”) held a meeting with respect to the Plaintiff’s exercise of school violence against a victim student. Pursuant to Article 17(1)1, 2, 5, and 6 of the School Violence Prevention Act, the Plaintiff decided to take measures with respect to the Plaintiff, such as the written apology of the victim student, the prohibition of contact, intimidation, and retaliation against the victim student, the special education course by internal and foreign experts, or ten days of psychological treatment, and the suspension of attendance.

C. On October 11, 2017, the Defendant rendered the Plaintiff a disposition of written apology against the victim student, contact with the victim student, prohibition of intimidation and retaliation, special education by internal and foreign experts, or 10 days of psychological treatment, and 10 days of suspension of attendance.

On October 25, 2017, F, the mother of a victim, filed an objection to the aforesaid disposition with the Gyeonggi-do Regional Committee for Countermeasures against School Violence (hereinafter “instant Local Committee”). On December 18, 2017, the instant regional committee decided to take measures to change schools pursuant to Article 17 subparag. 8 of the School Violence Prevention Act (hereinafter “instant re-determination”) in addition to the Plaintiff’s original disposition (hereinafter “instant re-determination”).

E. On February 5, 2018, according to the instant review decision, the Defendant rendered a transfer disposition to the Plaintiff.

(hereinafter referred to as “instant transfer disposition”). 【No dispute exists on the ground of recognition, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 13, and the purport of the whole pleadings.

2. The attachment to the relevant Acts and subordinate statutes shall be as specified;

3. Determination on the defense prior to the merits

A. The gist of the defense prior to the merits is that the Plaintiff had already graduated from E Middle Schools and was in the first grade of G High Schools, and thus there is no benefit to the lawsuit seeking the revocation of the instant transfer disposition.

Even if the transfer disposition of this case was revoked, the Plaintiff’s middle school.

arrow