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(영문) 수원지방법원 2020.02.13 2019구합67617
서면사과 등 취소의 소
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 is a student in the second and second grade 12 of the D Middle School in his or her name, while E is a student in the second and sixth grade of the same school.

B. On June 4, 2019, the Autonomous Committee on Countermeasures against School Violence was jointly organized by D Middle Schools and Ansan-si (hereinafter referred to as the “Autonomous Committee on Countermeasures against School Violence”). On June 4, 2019, the committee opened on June 4, 2019 (hereinafter referred to as the “Committee on June 4, 2019”) and as a result, the Defendant taken measures against the Plaintiff as a measure against the aggressor student on June 12, 2019 (hereinafter referred to as the “Act”), as a measure against the Plaintiff’s perpetrator, on the written apology of the victim student under Article 17(1)1 of the School Violence Prevention Act (hereinafter referred to as the “Act”), the service at the school under subparagraph 3 of the said Act (three days, six hours), and the special education (two hours, two guardians, and two hours) under paragraphs (3) and (9) of the said Act.

This measure is referred to as the "disposition of this case"

). 그 조치원인은 다음과 같다. 2019. 5. 17.(금 단체 페이스북 메시지 상에서 D중 원고 학생은 D중 E 학생과 예전에 있었던 일에 대해 기분이 나빴다는 내용을 공개적으로 전달하여 E 학생은 다른 학생들에게 집단적 위압을 당하고, 그 이후에도 원고 학생은 D중 E 학생 교실 앞에서 본인과 관련이 없는 예전에 있었던 후배와의 일에 대해 대신 사과를 강요하거나 폭력을 휘두르려고 하여 위협을 줌

C. The major laws and regulations pertaining to the instant case are as listed in the relevant laws and regulations.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 5, the purport of the whole pleadings

2. The instant disposition should be revoked on the following grounds: (a) the Plaintiff’s assertion is unlawful.

On May 17, 2019, with respect to the existence of the cause of the measure, the Plaintiff’s desire or had not been made, and the male students in the first year want to receive a apology as a towing day, and cannot be deemed to have exercised school violence against E.

E-.

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