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(영문) 부산지방법원 2016.11.18 2016구합1661
학교폭력재심결정취소
Text

1. A student’s damage incurred in the course of the instruction of a “E teachers” against the Plaintiff on June 18, 2015 is in school violence.

Reasons

1. Details of the disposition;

A. On June 12, 2015, the Plaintiff reported to the Defendant the following facts of injury (hereinafter “instant injury”).

1. From March 31, 2015 to May 4, 2015, the instruction of the F teacher for the class attitude of Plaintiff 1 during the class hours, and the student’s damage incurred in the course of the instruction of the E teacher related to the possession of Plaintiff 1’s electronic tobacco among the subordinate schools;

2. Damage to students following the instruction of G teachers, who were next to the Plaintiff and E teachers in the course of counseling on April 27, 2015;

B. On June 17, 2015, the Autonomous Committee on Countermeasures against School Violence at D High Schools (hereinafter “Autonomous Committee”) held a meeting on the grounds that the instant accident does not constitute school violence, and made a decision as follows.

1. It is not necessary to take protective measures against the plaintiff, and it is recognized that a number of spawn and early retirements are recognized during the course of school adaptation between the parties. 2. F teachers and E teachers cannot be recognized as assault against A students, and it is an inevitable case during the course of school teachers' instruction.

On June 18, 2015, according to the decision of the above autonomous committee, the Defendant notified the Plaintiff of the instant damage (hereinafter “instant disposition”).

1. Educational guidance for teachers, which is not in charge of school violence;

2. Assisting students in attending school again rather than changing schools at their parents and students' wishes, and supporting students in school to adapt to school life;

D. On June 29, 2015, the Plaintiff appealed and filed an application for reexamination with the Busan Metropolitan City Regional Committee for Countermeasures against School Violence (hereinafter “Local Committee”), but was dismissed on July 22, 2015.

E. After that, on September 17, 2015, the Plaintiff filed a petition with the Central Administrative Appeals Commission for adjudication on revocation of the decision to review school violence, but was dismissed on February 2, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 7, Eul evidence 1 and 3, the purport of the whole pleadings

2. Whether the instant lawsuit is lawful or not, the fact of damage in this case.

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