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(영문) 부산지방법원 2020.08.14 2019구합23853
학교폭력 징계처분 취소의 소
Text

1. Of the instant lawsuit, the part that seeks the revocation of completion measures for guardians’ special education for eight hours shall be dismissed.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff and E are students who were enrolled in the fourth and fourth grade of D elementary schools in the year of 2019.

B. On May 8, 2019, the father of E reported that E was subject to school violence from the Plaintiff. On May 15, 2019, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “instant autonomous committee”) decided to take the following measures against the Plaintiff pursuant to Article 17 of the former Act on the Prevention of and Countermeasures against Violence at School (amended by Act No. 16441, Aug. 20, 2019; hereinafter “Act”) against the Plaintiff, pursuant to Article 17 of the former Act on the Prevention of and Countermeasures against Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “Act”), the measures taken at school (five hours), the measures taken at school (five hours) for special education of aggressor students, and eight hours for the Plaintiff’s parents for the special education of aggressor students, and the Defendant took the following measures against the Plaintiff on the same day

(B) The Plaintiff’s psychological counseling and advice by internal and foreign experts under Article 16(1)1 of the Act and the prohibition of retaliation against the victim students and the reported and accused students under Article 17(1)2 of the Act (hereinafter “the instant disposition”), including those against the Plaintiff’s contact with the Plaintiff, intimidation, and retaliation, those against the Plaintiff’s guardian, and those against the Plaintiff’s special education course on March 28, 2019 (hereinafter “instant guardian disposition”). On March 28, 2019 (hereinafter “the instant disposition”). At around 11:45 minutes of the Plaintiff’s measure against the Plaintiff of the victim E, the Plaintiff was at the time of the Plaintiff’s photograph class (hereinafter “after the bank”). The measures taken against the victim student’s psychological counseling and advice by the internal and foreign experts under Article 16(1)1 of the Act and the Plaintiff’s parents’ contact with the victim student and the reported and accused students under Article 17(1)2 of the Act (Article 17(1)2 of the Act to June 15, 20197) of the Act).

C. On June 12, 2019, the Plaintiff filed an administrative appeal with the Busan Metropolitan Office of Education Administrative Appeals (Administrative Appeals Commissions).

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