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(영문) 수원지방법원 2019.04.25 2018구합72902
전학처분취소
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 was enrolled in the third year in the D Middle School in 2018, and E (hereinafter “victims”) in the third year in the F Middle School in the same year.

B. On October 17, 2018, the autonomous committee of the D Middle School (hereinafter “instant autonomous committee”) held a meeting with respect to school violence cases that “the Plaintiff demanded sexual intercourse in the course of teaching with a victim student and had sexual intercourse.” Around October 17, 2018, the autonomous committee decided to take measures for changing schools, taking five hours of special education, taking five hours of special education, and taking five hours of special education for guardians pursuant to Article 17(1)8, (3), and (9) of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”).

C. On October 22, 2018, the Defendant notified the Plaintiff of the measures taken for the transfer (hereinafter “instant disposition”), five hours of special education, and five hours of special education for guardians.

The specific grounds for the measure against the plaintiff are as follows:

The plaintiff demanded a sex relationship in the course of institutionalization with a victim student, and was actually sexual intercourse.

(v) thereafter, the question of the victim on Sns began to spread and thereby causing serious damage to the victim's school life.

D. The Plaintiff’s father B dissatisfied with the instant disposition and filed an application for reexamination with the Gyeonggi-do Mediation Committee of Disciplinary Punishment on Students, but the Gyeonggi-do Mediation Committee of Disciplinary Punishment on Students dismissed the above request for reexamination on November 27, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1.2, 6, 7 (if any, including a serial number; hereinafter the same shall apply), Eul evidence Nos. 1 and 8, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The non-existence of school violence and the victim's sexual intercourse were agreed upon and agreed between the non-existence of school violence and the victim's sexual relationship, and the plaintiff did not have any question about the sexual relationship with the victim, and the plaintiff did not commit school violence

B. The instant autonomous committee’s assertion of abuse of discretionary authority is the Plaintiff.

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