1. The instant lawsuit shall be dismissed.

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

Details of the disposition

D (hereinafter referred to as "aggressor student") and the plaintiff were enrolled in the second grade in the E-middle school in 2016.

On December 29, 2016, the head of the E-middle school imposed a written apology and eight-hour service at a school pursuant to Article 17(1)1 and 3 of the Act on the Prevention of and Countermeasures against Violence (hereinafter “School Violence Prevention Act”) on the aggressor student on the ground that he/she committed an act to get out of the Plaintiff, or attempted to get out of the Plaintiff, and intending to get out of his/her sexual organ, and actually worn out,” and added a disposition to take a special education course for aggressor students and guardians (10 hours for students, 4 hours for guardians) pursuant to Article 17(3) and (9) of the School Violence Prevention Act. On March 21, 2017, the aggressor student dissatisfied with the above disposition, the defendant filed an administrative appeal against the Defendant, and the defendant revoked his/her service, special education course for the aggressor student and his/her guardian, and dismissed the rest of the disposition, on the ground that the aforementioned disposition is more severe than the objective violence case itself.

(2017-2 and hereinafter referred to as “instant adjudication”). [The grounds for recognition] of absence of dispute, Gap evidence 2, Eul evidence 1, and the purport of the entire pleadings are as shown in the attached Form of the relevant statutes.

In this case, whether the lawsuit in this case is legitimate, the fact that the plaintiff and the aggressor student graduated from the E Middle School on January 10, 2018 is not a dispute between the parties. Thus, prior to determining the standing to sue and the defendant's standing to sue, whether there is a benefit to seek revocation of the ruling in this case to the plaintiff ex officio.

Article 17 (1) of the School Violence Prevention Act (hereinafter referred to as "self-governing committee") shall concurrently take any of the following measures against aggressor students in order to protect victim students and to guide and educate aggressor students: