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(영문) 울산지방법원 2020.09.10 2019구합7076
전학조치처분취소
Text

1. The disposition taken by the Defendant to transfer to the Plaintiff on May 25, 2020 shall be revoked.

2. Of the litigation costs, the defendant's supplementary participation.

Reasons

1. Details of the disposition;

A. The Plaintiff is a male student who was enrolled in the fourth grade of the D Middle School in 2019, and the victim H is a victim student in the second grade and the fifth grade of the D Middle School, the defendant supplementary intervenor E (hereinafter “participating”), the victim student I, and the J are male students who were enrolled in the fourth grade of the D Middle School in the fourth grade of the D Middle School.

(hereinafter referred to as “victims”. B.

D. On June 10, 2019, the Autonomous Committee on Countermeasures against School Violence (hereinafter “instant autonomous committee”) held a meeting with respect to school violence cases (hereinafter “instant case”) that “the Plaintiff continuously committed school violence (such as physical violence, language violence, and fraud and coercion) from the first year to the Intervenor, victim H, I, and J” (hereinafter “instant case”).

C. With respect to the instant case, the instant autonomous committee decided to request the Defendant to take measures against the Plaintiff regarding the written apology against the victim student (Article 17 of the former Act on the Prevention of and Countermeasures against School Violence, amended by Act No. 16441, Aug. 20, 2019; hereinafter “former Act on the Prevention of and Countermeasures against School Violence”), the prohibition of contact, intimidation, and retaliation against the victim student (Article 1(1)2), the suspension of attendance (Article 1(1)6), the suspension of attendance (Article 1(1)7), the number of special education for the student (Article 1(3) and five hours of special education for the guardian (Article 1(9)), and the Defendant notified the Plaintiff of the said measures (hereinafter “instant measures”).

On June 25, 2019, the Intervenor’s mother G filed a request for reexamination with the Ulsan Metropolitan City Local Committee for Countermeasures against School Violence (hereinafter “instant Local Committee”). On July 23, 2019, the instant Regional Committee decided to change the instant measures to the transfer measures pursuant to Article 17(1)8 of the former School Violence Prevention Act.

E. The Plaintiff on August 14, 2018

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