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(영문) 창원지방법원 2018.06.20 2017구합53048
보복행위금지등처분취소청구
Text

1. Attached Form 1(1) as stated in Annex 1(1) as of September 19, 2017 against the Plaintiff, and Attached Form 1(2) as of December 20, 2017.

Reasons

1. Details of the disposition;

A. The Plaintiff is a student who was enrolled in the second grade of D Middle Schools G in Kimhae-si around 2017, along with E and F.

B. Around September 14, 2017, the Autonomous Committee on Countermeasures against School Violence in D Middle Schools held a meeting as to “the Plaintiff inflicted a bodily injury upon E on or around August 28, 2017 due to the Plaintiff’s chest in the corridor and inflicted a bodily injury upon E for three weeks, and assaulting E from D Middle Schools Sports Officers around 2017,” and then requested the Defendant to take measures under Article 17(1)2 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”), “the prohibition of contact, intimidation, and retaliation against victimized students and reported or accused students”; “the number of special education for victimized students (three hours)” under Article 17(3) of the School Violence Prevention Act; and “the special education for guardians (3 hours)” under Article 17(9) of the School Violence Prevention Act.

Accordingly, on September 19, 2017, the Defendant rendered a disposition imposing the measures to be taken in attached Form 1(1) on the Plaintiff (hereinafter “instant disposition”).

C. On December 20, 2017, the Autonomous Committee on Countermeasures against School Violence held a meeting with respect to “the fact that the Plaintiff abused E’s flapsing around April 2016,” and requested the Defendant to take measures such as “the contact, intimidation, and retaliation against victimized students and reported or accused students” under Article 17(1)2 of the School Violence Prevention Act, “the prohibition of the contact, intimidation, and retaliation against victimized students” under Article 17(3) of the School Violence Prevention Act, “the special taking-on education for victimized students (3 hours)” under Article 17(9) of the School Violence Prevention Act, and “the special taking-on education for special guardians (3 hours).”

Accordingly, on December 20, 2017, the Defendant issued a disposition imposing the Plaintiff with ‘the measures to be taken’ as stated in attached Form 1(2) (hereinafter “instant disposition”). D. The School Violence Countermeasures Autonomy Committee around February 12, 2018 referred to as “HB” while the Plaintiff puts the Plaintiff’s chest in the D Middle School Class E in early 2017.

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