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(영문) 의정부지방법원 2020.05.12 2019구합12161
전학처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff attended the E, F, and D High School in 2019 at the same time.

B. On April 5, 2019, the Defendant taken measures against the Plaintiff for five hours of transfer under Article 17(1)8 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”) for five hours of special education for students under paragraph (3), and for five hours of special education for guardians under paragraph (9).

(hereinafter referred to as “the instant disposition”) is limited to the Plaintiff’s dispute.

On May 1, 2019, the Plaintiff appealed to the instant disposition and filed a petition for reexamination with the Gyeonggi-do Mediation Committee of Disciplinary Action against Students, and the Student Disciplinary Mediation Committee dismissed the Plaintiff’s petition.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was conducted under an agreement between E and E when the Plaintiff was in the third year of middle school. It was a behavior in which the Plaintiff was in a scarcity with E.

In addition, although the plaintiff was able to live with F, there was no fact that the plaintiff could not live the live with F so that lives might not spread or occur from the lives.

Although the Plaintiff sent the message on the parts of the E to E, the mere fact that the Plaintiff took the transfer measures is a disposition that deviates from and abused the Defendant’s discretion, and the instant disposition should be revoked as it is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. In an administrative litigation disputing the legitimacy of a disciplinary action on the grounds of sexual assault, etc. as to the existence of a ground for determination 1, the burden of proof as to the grounds for disciplinary action has the burden of proof to the defendant asserting the legality of the

civil action or any other proceeding.

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