1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff and E (hereinafter “victim students”) are students attending the second and third classes of the D Middle School.

B. On June 2, 2017, the Autonomous Committee on Countermeasures against School Violence in D Middle Schools held a meeting to decide to take measures for special education for 20 hours in one-time course against the Plaintiff on the ground that “the Plaintiff had continuously exercised school violence, such as verbal violence, physical violence, etc. against victim students from March 2017” (hereinafter “School Violence Prevention Act”) pursuant to Article 17(1)2 and 8, and Article 17(3) and (9) of the Act on the Prevention of and Countermeasures against Violence in D Middle Schools (hereinafter “School Violence Prevention Act”), and to take measures for 5 hours in one-time course against the Plaintiff’s guardian.

C. In accordance with the above decision on June 8, 2017, the Defendant took measures for the contact of the victim student and the reported or accused student, prohibition of intimidation and retaliation, and transfer to the Plaintiff, special education for 20 hours during the three-day course against the Plaintiff, and special education for 5 hours for the Plaintiff’s guardian.

(hereinafter the Plaintiff’s transfer measures against the Plaintiff (hereinafter “instant disposition”). The Plaintiff’s ground for recognition was without any dispute, Gap’s evidence No. 1, Eul’s evidence No. 2, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. Even if there is a need to take disciplinary action against the plaintiff's assertion, violence is not serious, and even if the possibility of leading the plaintiff is high, the defendant deprived the plaintiff of the opportunity to receive education at D Middle School without giving the plaintiff an opportunity to open the school. The disposition of this case was excessively harsh to the plaintiff and abused discretion.

(b) as shown in the attached Form of the relevant statutes;

C. According to Article 17(1) of the School Violence Prevention Act and Article 19 of the Enforcement Decree of the same Act, an aggressor student shall take measures under Article 17(1) of the School Violence Prevention Act.