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(영문) 수원지방법원 2020.07.02 2019구합72893
전학처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a student who was in the second grade of the B Middle School in Suwon-si, Suwon-si (hereinafter “Defendant School”), and the Nonparty C (hereinafter “victim”) was in the third grade of the Defendant School, and is a student with a disability of the second grade under the Act on Welfare of Persons with Disabilities.

B. On August 29, 2019, the Autonomous Committee on Countermeasures against School Violence at the Defendant School (hereinafter “instant autonomous committee”) held a 7th meeting of the Autonomous Committee on Countermeasures against School Violence (hereinafter “instant meeting”) and deliberated on the following facts as to the Plaintiff’s actions (hereinafter “instant causes of action”), and presented the agenda to the Plaintiff for deliberation.

From October 5, 2018 to November 5, 2018, the Plaintiff took part in the victim's apartment underground room in Suwon-si, Suwon-si, Suwon-si, the residence of the victim student, and “sexual contact” up to five times for the victim student.

b. At the time, the victim was in the third grade of the special class in the Defendant’s school. At the first time, the Plaintiff proposed that dial-a-the-job was defective to the victim, but the dial-a-job was rejected by the victim and returned home to the dial-a-job. Thereafter, the Plaintiff’s act of self-defense before the victim student

b. Even after the Plaintiff sent the victim student a Kakao Stockholm, etc. with his/her photo stamped, etc., and “the Plaintiff sent the message, etc., and the victim student rejected the message.”

C. The instant autonomous committee determined that the Plaintiff caused sexual violence to a victim student during school violence, and subsequently, as the determination score by the basic determination factor by the detailed criteria publicly notified by the Minister of Education (hereinafter “instant public notice”), the seriousness of the school violence (four points) and the sustainability of the school violence (four points).

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