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(영문) 수원지방법원 2016.07.05 2015구합66548
징계조치처분취소청구의소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the instant case

A. The Plaintiff is a student who was enrolled in the second grade of the same school in the year 2015, E, F, G, and Plaintiff’s private village C in the year 2015.

나. D중학교 학교폭력대책자치위원회(이하 ‘자치위원회’라 한다)는 2015. 6. 23. 원고가 2015. 5.경 F의 페이스북 게시물에 ’G야 이거 I(E) ‘, ’내가 (H에게) 개랑 놀지 말라고 해도 그러네 ㅜㅜㅜㅜ‘, ’아 근데 그년은 진짜 걍 또라이임 ‘, ’걍 더러워‘라는 댓글을 게시하여 E에 대한 사이버폭력을 행사하였다는 이유로 자치위원회 회의를 개최하였다.

C. At the above meeting, the autonomous committee decided to request the Plaintiff to complete special education or to take two-hours of psychological treatment in accordance with Article 17(1) of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”); the contact between victim students and reported or accused students; the prohibition of intimidation and retaliation (Article 2); and the request for each measure of two-hours of special education by outside of the school, or by outside of the school, pursuant to Article 17(3) of the same Act.

Accordingly, on June 30, 2015, the Defendant rendered a decision on the Plaintiff’s “act of cyber violence against E students through Facebook around May 2015” (hereinafter “instant disposition”) with regard to ① written approval of the Plaintiff, ② prohibition of contact, intimidation, and retaliation against victim students and reported or accused students, ③ concurrent imposition of dispositions on the Plaintiff for the completion of special education by students and their guardians or for two hours of psychological treatment by outside of the school (hereinafter “instant disposition”).

E. Since then, the Defendant deleted the instant disposition from the Plaintiff’s school life record in consideration of the Plaintiff’s request for deletion of the Plaintiff’s side and the decision of acceptance of the suspension of validity of the instant disposition (U.S. District Court 2015 A20359). Meanwhile, the Plaintiff graduated from the D Middle School on February 5, 2016.

【Ground of recognition” has no dispute, Gap 2, 3, and Eul 2.

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