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(영문) 서울행정법원 2018.08.31 2018구합62157
징계처분 무효확인
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a student who was enrolled in the D Middle School in 2017.

E followed F from the year 2016, the Plaintiff followed the F in 2017, and the F was at the time of E and the Plaintiff on March 27, 2017. Such acts of the Plaintiff, E and F constitute school violence. Measures taken are psychological counseling and advice [the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”).

Article 16(1)1 of the Act on the Prevention of Violence in Schools) 5 days (Article 17(1)5 of the Act on the Prevention of Violence in Schools) psychological counseling and advice (Article 17(1)8 of the Act on the Prevention of Violence in Schools) for a victim student in writing (Article 16(1)1 of the Act on the Prevention of Violence in Schools) - psychological counseling and advice (Article 17(1)1 of the Act on the Prevention of Violence in Schools) for 5 days (Article 17(1)1 of the Act on the Prevention of Violence in Schools) of psychological treatment by experts inside and outside schools (Article 17(1)1 of the Act on the Prevention of Violence in Schools) - Psychological counseling and advice (Article 16(1)1 of the Act on the Prevention of Violence in Schools) for 5 days (Article 17(1)5 of the Act on the Prevention

B. On April 11, 2017, the Autonomous Committee on Countermeasures against School Violence at D Middle Schools (hereinafter “Autonomous Committee”) decided on the case of school violence as follows and requested the Defendant to take the pertinent measures.

On April 13, 2017, the Defendant notified the Plaintiff that measures will be taken according to the result of the resolution of the autonomous committee.

(hereinafter “instant Disposition 1”). The Plaintiff filed an application for reexamination of the instant Disposition 1 with the Seoul Special Metropolitan City Mediation Committee for the Disciplinary Punishment against Students (hereinafter “Mediation Committee”). However, the lower court dismissed the instant Disposition on May 31, 2017.

According to the student's cause of action, the acts of G, H, I, J, and K from before 2017 or before 2017 constitute school violence. Article 17 (1) 1 of the School Violence Prevention Act (Article 17 (1) 2 of the School Violence Prevention Act) prohibits the contact, intimidation, and retaliation against the plaintiff victim and the reported or accused student (Article 17 (1) 2 of the School Violence Prevention Act). The School Violence Prevention Act (Article 17 (1) 2 of the School Violence Prevention Act) prohibits the attendance of five days.

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