1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a student who was enrolled in the second and third grade of D High School in 2018.

B. On September 20, 2018, the Autonomous Committee on Countermeasures against School Violence at D High Schools held a meeting (hereinafter “instant meeting”) and decided on the Plaintiff’s measure of taking one-hour measure (hereinafter “instant measure”), including “the Plaintiff’s measure of sexual violence committed against E (Seoul High School) on August 24, 2018” (hereinafter “instant measure”), as stipulated in Article 17(1)2 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Act”), “the prohibition of contact, intimidation, and retaliation against victimized students and reported students”; transfer as defined in Article 17(1)2 of the same Act; transfer as defined in Article 17(3) of the same Act; and special education under Article 17(3) of the same Act (hereinafter “instant measure”).

C. On October 1, 2018, the Defendant notified the Plaintiff of the instant measure (hereinafter “instant disposition”).

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 7, and the purport of whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition is unlawful for the following reasons.

1) According to Article 5(2) of the School Exposure Act, sexual assault during school violence is not subject to the law, if other Acts prescribe otherwise. As to sexual assault cases against minors, the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “AB”) mainly regulates sexual assault cases against minors. As such, the ABB Act is first applied to sexual assault cases during school violence and the results of the investigation by an investigative agency should entirely take precedence over other cases.

B) Since the Plaintiff was subject to a non-prosecution disposition by the public prosecutor belonging to the Suwon District Public Prosecutor’s Office on the suspicion of quasi-rape and sexual intercourse by force, the instant disposition is not recognized.