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(영문) 부산고등법원(창원) 2019.01.30 2018누11572
징계처분취소
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, it is citing this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or additional parts] On 6th of the judgment of the court of first instance, "Plaintiff A" shall be deemed "victim A".

The following shall be added to six pages 6 of the judgment of the first instance. "The foregoing act constitutes school violence."

Judgment

The grounds are as follows:

① From June 2017 to November 2017, Plaintiff A had repeatedly committed an act of not returning the victim’s her m, shoulder, arms, etc., or having the interior of the victim’s her m, shoulder, or arms. According to Plaintiff A, Plaintiff A, and other students’ statements, etc., Plaintiff A engaged in an act of taking the victim’s m, first of all, and the act continued repeatedly for a long time. Plaintiff A expressed her intention of refusal, and Plaintiff A engaged in an act of taking the victim’s m, etc. when she expressed her intention of refusal, and there seems to have been considerable intensity.

Even if the victim student has exchanged with the plaintiff A during the above period, it can be seen as responding to the harassment of the aggressor student who was damaged by the victim student while not excluding the victim student in another group, and the victim student complained of the victim student's constant damage from the plaintiff A during the course of investigating the school violence. Thus, the above act committed by the plaintiff against the victim student constitutes school violence.

② It is recognized that Plaintiff A brought one cigarette from a victim student. As seen in the foregoing paragraph, Plaintiff A had continuously exercised school violence against a victim student.

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