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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. At the time of 2016, the Plaintiff is a student who was enrolled in the fifth grade of C Elementary School (hereinafter “instant school”), and D (hereinafter “victim student”) is a student who was enrolled in the fourth and third grade of the same school together with the Plaintiff’s birth.
B. On November 21, 2016, the mother of a victim student reported school violence to the effect that the Plaintiff, on October 17, 2016, as well as October 20, 2016, threatened the victim student with intimidation to confuse the victim student in the classroom and after-school classroom and “D”.
C. Accordingly, the Defendant constituted an organization in exclusive charge of school violence to investigate the truth, and on November 25, 2016, held a council of the organization in exclusive charge of school violence to hear the opinions of the Plaintiff and victim students, their guardians, and witnesses, and referred the case to the Autonomous Committee on Countermeasures against School Violence in the instant case (hereinafter “Autonomous Committee”).
On December 5, 2016, the autonomous committee held a meeting to provide the plaintiff and the victim's side with an opportunity to state their opinions, and passed a resolution on the following measures with respect to the plaintiff who is an aggressor student pursuant to Article 17 (1) 1 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter "School Violence Prevention Act"), with the consent of all members:
Accordingly, on December 7, 2016, the Defendant notified the Plaintiff of the result of measures taken.
(hereinafter referred to as “instant disposition”). On October 17, 2016 and October 20, 2016, the cause of the measure, in the classroom corridor of the 4-3 classroom course at the point of time on October 17, 2016 and October 20, 2016, the Plaintiff had several 4-3 students who act to confirm the victim student, and the Plaintiff had 4-3 students who are in the 4-3 classroom course, and the Plaintiff had the subordinate students of the 4th grade, who are in the 4th grade, found D to have the victim student. This is recognized as a intimidation to the victim student who was in the 5th grade of the Plaintiff’s fourth grade of the 5th year. Article 17(1) of the School Violence Prevention Act.