1. The Defendant’s transfer disposition against the Plaintiff on June 21, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. The plaintiff is a student in the third grade of the D High School located in Geumcheon-gu Seoul Metropolitan Government (hereinafter "this case high school"), and the defendant is the head of the above high school.

B. On June 4, 2018, the Plaintiff expressed a desire to F in the first grade of the instant high school and used F’s face and face to assault the Plaintiff’s drinking, legs, fat, etc. with the Plaintiff’s drinking, knee and knee-free knee, which require approximately two weeks’ medical treatment.

C. On June 15, 2018, the Autonomous Committee on Countermeasures against School Violence in the instant high school (hereinafter “the instant autonomous committee”) held an autonomous committee and decided to take each measure of contact with, intimidation and retaliation against, and transfer (Article 17(1) of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”), pursuant to Article 17(1) of the Act on the Prevention of and Countermeasures against Violence in the instant high school (hereinafter “School Violence Prevention Act”), against the Plaintiff. Accordingly, on June 21, 2018, the Defendant issued a disposition to order the Plaintiff to take each measure of contact with, and prohibit, intimidation and retaliation against, the said students and the reported or accused students, special education (Article 17(2)2), and transfer (Article 5(5)5).

(hereinafter referred to as the “instant disposition” and the part of the transfer in question is referred to as the “instant transfer disposition”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 and Eul evidence 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s instant transfer disposition should be revoked on the ground that the following procedural and substantive defects are unlawful.

1. The instant autonomous committee was unlawfully constituted in violation of Article 13(1) of the School Violence Prevention Act due to the failure of the members representing parents to be elected directly at the parents’ general meeting on March 16, 2018, and thus, the said autonomous committee’s resolution against the Plaintiff was unlawful.

Therefore, the instant transfer disposition is based on the resolution of the illegal autonomous committee.