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(영문) 춘천지방법원 2018.07.17 2018구합50213
전학처분 취소등 청구의소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The plaintiff, E, and F were enrolled in the second year in the D High School in 2017 (hereinafter referred to as the "Defendant School").

On January 10, 2018, the Autonomous Committee on Countermeasures against School Violence (hereinafter referred to as the “Autonomous Committee”) held a meeting on the agenda of “the report that female students taken a bath at the shower room of the dormitory by the Plaintiff, E, and F as the pipe box of the second laund of the dormitory of the school in the early 2017.”

An autonomous committee deemed that the reported matter is not a school violence case on the ground that there is no specific victim student, and decided not to take measures under the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”).

On January 12, 2018, the Defendant notified the Plaintiff of the result of the above autonomous committee.

After that, the parents of female students in the first grade of the defendant school requested appropriate measures against aggressor students while raising an objection to the results of the above autonomous committee, and the defendant school convened 16 female students in the first grade through a counseling teacher in the school on January 12, 2017 and came to know the case.

Accordingly, female students and parents in the first year submitted a written opinion to request the defendant school to take disciplinary action against the above students by opening the autonomous committee.

On January 30, 2018, an autonomous committee held a meeting as an agenda item (for victimized students: 16, 10 students in the first and second years, 10 students in the first and second years), and the Plaintiff’s contact, intimidation, and retaliation (Article 17(1)2), as prescribed by the School Violence Prevention Act (Article 17(1)2), i.e., the Plaintiff’s second floor washing box of the dormitory of female students in the dormitory, and the Plaintiff taken and deleted the screen image by using a cell phone. The Plaintiff and E opened a meeting as an agenda item (for victimized students: 16 students in the first and second years, 10 students in the second year), and the Plaintiff’s contact with victimized students and the reported or accused students in the dormitory (Article 17(1)2), i.e., the prohibition of retaliation (Article 17(1)8).

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