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(영문) 서울행정법원 2020.05.07 2019구합88453
전학처분 취소의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a male student who was enrolled in the third year in the D Middle School in 2019.

B. On October 11, 2019, the Autonomous Committee on Countermeasures against School Violence at D Middle Schools (hereinafter “Autonomous Committee”) made a resolution to request the Defendant to take the following measures against the Plaintiff pursuant to Article 17 of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former Act on the Prevention of and Countermeasures against Violence”) (Article 17 of the former Act on the Prevention of and Countermeasures against Violence at School (amended by Act No. 16441, Aug. 201; hereinafter “former Act on the Prevention of and Countermeasures against Violence”).

(B) On July 15, 2019, the Plaintiff, using a hacking program created by E on July 15, 2019, attempted hacking of ① F, G, H, H, I, 5 J, and 6 K’s Face North Korea account. The Plaintiff misrepresented M in L (which is an online space that can ask questions as to the following matters) seven, and continuously committed cyber violence from T to H, 5 J, 8, N, etc.

An autonomous committee determined as follows with respect to the Plaintiff’s act of writing on the said letter box:

(No. 4) . 4 points in total to the degree of compromise of the reflective nature of an aggressor student in the case of a serious school violence, 4 points in total (generally), 3 points (low) 4 points in each height) 17 points in the degree of compromise of the reflective nature of an aggressor student in the case of a serious school violence.

C. On October 17, 2019, the Defendant rendered a disposition against the Plaintiff pursuant to the above resolution (which only turns out on the measure of transfer) (hereinafter “instant disposition”).

(A) Evidence No. 1, B No. 5)

On October 31, 2019, the Plaintiff appealed to the instant disposition and filed a petition for reexamination with the Seoul Metropolitan Government Mediation Committee of Disciplinary Punishment on Students. However, on December 5, 2019, the Seoul Metropolitan Government Mediation Committee of Disciplinary Punishment on Students dismissed the petition for reexamination on the following grounds:

(No. 6). Measures to change schools shall cause students to change their school register.

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