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(영문) 춘천지방법원 2019.01.08 2018구합51186
전학 등 처분 취소
Text

1. All of the plaintiff's claims are 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 attended the sixth year of the D Elementary School, a public school in 2018.

B. On April 11, 2018, the Defendant issued a disposition against the Plaintiff, on the following grounds, to prohibit the contact, intimidation, and retaliation against the victim students and the reported or accused students pursuant to Article 17 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”), transfer, take special education (six hours), and take special education for guardians (six hours).

[2] On March 29, 2018, when the plaintiff and E (hereinafter referred to as "victim student") in front of the division of school at around 30:3:00 p.m. on March 29, 2018 and the plaintiff have come to a dispute with F and the plaintiff entered the face of the victim student, violence, such as she she sheshesheshesheshesheshes. 【The ground for recognition' is without dispute. 【The ground for recognition', the entry in the evidence No. 1, the purport of the whole pleadings, and the purport of all pleadings.

2. Whether each of the dispositions of this case is legitimate

A. Each disposition of the Plaintiff’s assertion in this case is an error of deviation and abuse of discretionary power as follows.

1) If the Plaintiff finds a mistake of facts, it is not a part of the State's water, but a part of the victim's water was asked to the victim's water in the process of attacking against the victim's hand. Nevertheless, each of the dispositions of this case was conducted on the premise that the Plaintiff partially left the part of the State to the victim's water. Thus, there was an error of law by misunderstanding the fact. 2) Article 19 of the Enforcement Decree of the Act on the Prevention of Violence in the Act on the Prevention of School Violence stipulates the possibility of leading the aggressor student due to the relevant measure to be considered in determining the applicable criteria for each measure of Article 17(1) of the Act on the Prevention of Violence in the Republic of Korea. Article 2(1) of the Enforcement Decree of the Act on the Prevention of Violence in the Republic of Korea stipulates the possibility of leading the aggressor student due to the relevant measure

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