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(영문) 대구지방법원 안동지원 2018.11.15 2018가합111
사립학교처분무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and E (hereinafter “victim”) are students in the second-year course of the F High School operated by the Defendant (hereinafter “instant school”).

B. On April 16, 2018, the Autonomous Committee on Countermeasures against School Violence (hereinafter “the instant autonomous committee”) decided to transfer to the Plaintiff and the Plaintiff’s parents for five hours of special education based on Article 17(1)8 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”) on the ground that “the Plaintiff, through the publication of the entire Facebook, provided that “the Plaintiff, through the publication of the Facebook, provided that students wished or aided the Plaintiff, G, H, I, and neighboring schools.”

C. On April 17, 2018, the principal of the instant case rendered a disposition of transfer to the Plaintiff, and a disposition of completion of five hours of special education to the Plaintiff and the Plaintiff’s parents.

On May 2018, the mother of the Plaintiff filed a request for reexamination with the Office of Education of Gyeong-do, and on May 28, 2018, the Committee for the Mediation of Disciplinary Action against Students of Gyeong-do dismissed the said request for reexamination.

E. On May 2, 2018, the mother of the injured party filed a request for reexamination with the Standing Committee on Countermeasures against School Violence, and on May 30, 2018, the said Regional Committee partially accepted the said request and decided to impose additional measures on the Plaintiff based on Article 17(1)5 of the School Violence Prevention Act on the basis of Article 17(1)5 of the said Act.

F. On June 2018, the principal of the instant case, in addition to the disposition of transfer in front of the Plaintiff and the disposition of completion of five hours of special education, the principal of the instant school concurrently imposed 30 hours of special education or psychological treatment by internal and foreign experts (hereinafter referred to as “instant disposition” by adding all the above dispositions) upon the Plaintiff.

G. The Plaintiff.

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