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(영문) 서울행정법원 2019.06.13 2018구합82403
전학처분취소 청구의 소
Text

1. The Defendant’s transfer disposition against the Plaintiff on October 15, 2018 is revoked.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, E, and F were enrolled in the third year of D High School at 2018.

On September 12, 2018, around 12:00 a.m., the measure taken by the Plaintiff in the class of the fourth floor, the fourth and third grade class class class class class class class, and the Plaintiff demanded the E and F to take apologys, there was mutual humiliations, harrassments, or conflicts, and physical assault between the Plaintiff and E was committed at the site as the Plaintiff’s relative, and G, H, and I told F as soon as possible and end, and the Plaintiff made sexually-related verbal abuse to E and F during the bathing process.

b. Article 17(9) of the Act on the Prevention of School Violence (hereinafter “School Violence Prevention Act”) provides that G and H shall listen to and raise a question about the content of fighting and his/her flocks on the roads of his/her school, with legal counseling based on the measures taken by him/her, and with respect to the measures taken by him/her, under Article 16(1)1 of the Act on the Prevention of School Violence (hereinafter “School Violence”) and Article 17(1)2 of the Act on the Prevention of School Violence (hereinafter “Act on the Prevention of School Violence”).

B. On October 10, 2018, the Autonomous Committee on Countermeasures against School Violence at D High Schools (hereinafter “instant autonomous committee”) held a meeting to deliberate on the guidance and education measures of the Plaintiff, etc., and requested the Defendant to take the following measures pursuant to Articles 16 and 17 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”).

C. Accordingly, on October 15, 2018, the Defendant taken the above measures against the Plaintiff.

(hereinafter referred to as “instant disposition”), / [Grounds for recognition] of absence of dispute, entry of evidence A Nos. 1, 4, and 6, and the purport of the entire pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion of this case is unlawful for the following reasons, and thus should be revoked.

1. Members representing parents of the instant autonomous committee who have procedural defects shall be in accordance with Article 13(1) of the School Violence Prevention Act.

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