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(영문) 수원지방법원 2018.05.15 2017구합69404
학교생활기록부 정정신청 거부처분 취소 등
Text

1. Of the instant lawsuit, the Defendant’s refusal to file an application for correction of school life records with the Plaintiff on July 29, 2017.

Reasons

1. Details of the instant case

A. At the time of 2016, the Plaintiff was a student who was enrolled in the second half of the sixth grade of C Elementary School at C, and was assaulted twice on March 24, 2016 on the ground that D, the same half grade class in the sixth grade class, around 08:40 on March 24, 2016, was a bullying, such as drinking his chest, etc.

In order to compromise the plaintiff and D, the teacher E had the plaintiff take once the chest of D and caused D to take twice the plaintiff's face.

B. On March 25, 2016 and April 4, 2016, an organization exclusively in charge of school violence took place. As a result, on April 4, 2016, the Plaintiff and his/her mother-child B drafted a written confirmation of the case of resolution of school teachers E, stating that D and F, who are their guardians, will have a genuine apology and attempted to prevent recurrence, and will not raise an objection or be held responsible to the school teachers E.

C. On April 19, 2016, B filed a criminal complaint against the Fence E as a crime of violating the Child Welfare Act (violation of Article 17 subparag. 3 and subparag. 5). On April 20, 2016, D continued to bullying and assault the Plaintiff on or around March 2016.

Accordingly, the meeting of the Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) held on April 27, 2016 recognized the Plaintiff’s face at two times on March 24, 2016, and requested the Defendant to take written and required measures against the Plaintiff pursuant to Article 16 and Article 17(1)1 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”) on the ground that D’s face was not recognized as a fact of assaulting or coercing the Plaintiff before March 24, 2016.

On April 28, 2016, pursuant to Article 17(6) of the School Violence Prevention Act, the Defendant issued a disposition demanding D to make a written apology against the Plaintiff (hereinafter “instant written apology and disposition”).

(e).

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