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(영문) 인천지방법원 2019.08.29 2018구합3022
학교폭력조치결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. At around 11:40 on April 17, 2018, when the Plaintiff was enrolled in the second grade 1 of D High School in Seo-gu Incheon, Seo-gu, the Plaintiff: (a) 4 times as a drinking of FM on the ground that F, a student of the same half grade 1, was sneeped from the Plaintiff’s school uniforms sn out of the Plaintiff; (b) f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, hing the Plaintiff’s neck from behind the Plaintiff’s neck, and f, f, f, hing the Defendant’s eye under his hh to the Defendant’s eye (hereinafter “instant act”).

B. On April 25, 2018, the Autonomous Committee on Countermeasures against School Violence at D High Schools (hereinafter “instant Committee”) held a meeting to hear the opinions of the Plaintiff, their guardians, F, and their guardians regarding the instant act. The instant act does not constitute school violence due to acts to avoid fighting, and the Plaintiff’s act constitutes school violence. On the other hand, according to the “Public Notice of Detailed Criteria applicable to each measure against school violence” (Public Notice No. 2016-99; hereinafter “Public Notice of the Ministry of Education”) (hereinafter “Public Notice”), the instant act is serious four (high) points of school violence, the continuation of school violence four (highly high), the intentionalness of school violence, four (highly high), the degree of reflection of school violence, and the degree of compromise between the aggressor and the guardian, and the Defendant requested the Plaintiff to take special measures to transfer the same for five hours and five (5) hours, and the Defendant notified the Plaintiff of the special measures to transfer the same.

C. The Plaintiff filed a petition with the Incheon Metropolitan City Mediation Committee of Disciplinary Punishment on Students. On June 7, 2018, the Incheon Metropolitan City Mediation Committee of Disciplinary Punishment on Students cannot be deemed as a serious issue to the extent that the instant act was to be transferred, and the F and the Plaintiff consulted with the Plaintiff.

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