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(영문) 대전지방법원 2016.05.11 2015구합1016
학교폭력대책자치위원회처분취소
Text

1. Of the instant lawsuit, the Defendant’s written apology to the Plaintiff on December 26, 2014, and the victim students and the victim students.

Reasons

1. Details of the disposition;

A. On December 10, 2014, the Plaintiff was submitted to the Autonomous Committee on Countermeasures against School Violence at Jeju Special Self-Governing City (hereinafter “Autonomous Committee”) on the ground that: (a) the Plaintiff was a student who was enrolled in the sixth grade of Sejong Special Self-Governing City in the sixth grade; and (b) E, who was enrolled in the same school year, had English books on the Plaintiff’s face; and (c) incurred an injury to E in the process of being closely sealed and raped with each other.

On the other hand, E was referred to the autonomous committee to the Plaintiff in the process of the said fighting with the purport that he suffered from around the snow in need of medical treatment for ten days.

B. On December 26, 2014, according to the deliberation by the autonomous committee, the Defendant rendered the same disposition to the Plaintiff as “three hours of contact, intimidation, and retaliation against victimized students,” pursuant to Article 17(1) and (9) of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”), with respect to the Plaintiff (hereinafter “instant disposition”), pursuant to Article 17(1) and (9) of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Office of Education of Sejong Special Self-Governing City, but the said claim was dismissed on April 15, 2015.

The plaintiff graduated from D Elementary School around February 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. Defendant’s principal safety defense 1) Among the instant disposition, the three-hour disposition of parents’ special education is not a disposition against Plaintiff, and there is no standing to seek revocation of the instant disposition. Therefore, the part seeking revocation of the instant disposition among the instant lawsuit is unlawful. 2) The instant disposition is not enforced due to its nature, and even if the instant disposition is revoked, there is no change in the Plaintiff’s legal status.

In addition, the document letter for the victim student, the victim student and the victim.

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