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(영문) 부산지방법원 2017.06.14 2016가합51166
전학처분무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In 2016, the Plaintiff was enrolled in E Middle School operated by the Defendant (hereinafter “Defendant School”) and was enrolled in the first and second grade classes.

B. On July 14, 2016, when the Plaintiff was in the class of the first half of the year 1, the victim student, who was a female student belonging to the first half of the year 1, was pushed down with the chest part of the victim student who was in front of the year 1.

(hereinafter referred to as “instant accident”). C.

On September 1, 2016, the Defendant School held the Autonomous Committee on Countermeasures against School Violence (hereinafter referred to as the “Autonomous Committee”) to take measures against the instant accident, and deliberated on the issue of disciplinary action against the Plaintiff. On September 2, 2016, the Defendant School issued to the Plaintiff the prohibition of contact, intimidation, and retaliation against the victim student (hereinafter referred to as “instant transfer measure”).

On September 7, 2016, the Plaintiff’s reference filed a request for reexamination with the Busan Metropolitan Office of Education for the student disciplinary conciliation committee, but the said committee dismissed the said request on September 26, 2016 on the ground that school violence is recognized and the legitimacy of the transfer measures is recognized.

[Ground of recognition] Gap evidence Nos. 1, Eul evidence Nos. 1, 3, and 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) At the time of the instant accident, the victim’s franchising the Plaintiff at the time of the instant accident, and the Plaintiff did not say that the victim’s franchising her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her.

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