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(영문) 광주지방법원 2019.04.18 2018구합11920
학교폭력가해학생재심결정징계처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff and D (hereinafter “victim students”) are students attending the Gwangju E High School.

B. On June 26, 2017, the Council of the Agencies Exclusively in Charge of School Violence held the Autonomous Committee on Countermeasures against School Violence on the ground that the Plaintiff exercised school violence against a victim student, and the said autonomous committee requested the principal of the instant school on the same day to take measures “three days of social service (24 hours), three days of special education for students, three hours of special education for guardians, three hours of special education for guardians,” in accordance with the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 15044, Nov. 28, 2017; hereinafter “former School Violence Prevention Act”).

C. On June 26, 2017 at the autonomous committee’s request, the principal of the instant case took the following measures against the Plaintiff on the same day (hereinafter “the original disposition of this case”), and notified the Plaintiff on the same day. On June 2, 2017, which caused the Plaintiff’s first grade D measure against the Plaintiff’s first grade student, the Plaintiff’s first grade of the aggressor student’s first grade class class class and second grade class class of the Plaintiff’s second grade class of the Plaintiff’s second grade class of the students, taking measures to prevent speech and violence against D students at the class of 1-1 class and 1-1 class class of the Plaintiff’s first class class class of the school violence prevention, three (24) days of community service under Article 17(1)4 of the former School Violence Prevention Act (3) of the School Violence Prevention Act)

D. On July 4, 2017, F, the father of a victim student, filed a petition for review of the original disposition with the Defendant. On August 3, 2017, the Defendant decided to request the principal of the instant case to “in writing and to take measures” in addition to the Plaintiff pursuant to Article 17(1)1 of the former School Violence Prevention Act.

(hereinafter referred to as “instant review decision”). E.

As to the school foundation G operating the instant school, the Plaintiff filed a lawsuit seeking confirmation of invalidity of the original disposition in this case as the court 2017Gahap58756, and on May 3, 2018.

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