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(영문) 서울행정법원 2018.04.04 2017구합8033
서면사과 처분 취소
Text

1. The Defendant’s written apology and disposition that the Plaintiff rendered on December 29, 2016 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On March 13, 2015, the Defendant: (a) prepared a family communications network stating that “the date on which the school parents’ general meeting or the school is open to the public” will be held on or around March 19, 2015; and (b) distributed it to the parents. According to the Defendant’s “the plan for the operation of the school parents’ general meeting or the school disclosure date”, two classes are selected for each class; (c) one president, three vice presidents, one general secretary, and one auditor are to be organized. The Defendant, on March 19, 2015, held a school parents’ general meeting and held eight representatives of the school parents’ general meeting (one president, four vice presidents, one general secretary, two auditors, and one auditor; hereinafter referred to as “parent’s representative”).

(2) On November 20, 2015, the Defendant decided to hold a “meeting of the representatives of the parents’ association” as a member of the parent association as of November 23, 2015 in order to elect the representatives of the Autonomous Committee on Countermeasures against School Violence at Asia (hereinafter “instant autonomous committee”).

On November 23, 2015, seven of the eight representatives of the parent association attended the “school parent’s representative meeting” held on November 23, 2015, and one teacher attended the meeting, and six parents from among the eight representatives of the above parent association were commissioned as the representative of the parent association of the instant autonomous committee.

B. Documents and Measures 1) The Plaintiff and D were enrolled in the first and second grade 2 of the Asia High School in 2016. 2) The instant autonomous committee, through a resolution of the meeting on December 22, 2016, exercised speech and physical violence between the Plaintiff and D on December 9, 2016. The instant autonomous committee exercised violence and physical violence against the Plaintiff for reasons of “the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”).

() Article 17(1)1 of the Act was requested to the Defendant to make a request, and the Defendant, upon the said request, requested on December 29, 2016, “written apology and measures against the victimized student” to the Plaintiff.

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