1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff is a student attending a middle school, and the defendant is the principal of the middle school.

On May 15, 2018, the Defendant issued a written apology and measure (hereinafter “instant disposition”) under Article 17(1)1 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”) against the Plaintiff on the ground that “Around March 15, 2018, the Plaintiff was in distress between the two parties, but became a physical contact with the face of C (hereinafter “victim”) on several occasions.”

[Grounds for recognition] The Plaintiff’s assertion as to the legitimacy of the disposition of this case as to facts without dispute, Gap’s evidence Nos. 1, Eul’s evidence Nos. 1 and 1 through 8 (including each number), and the purport of the entire pleading as to the purport of the disposition of this case is unlawful since the date and place are not specified

The reason for the instant disposition is based on the victim's argument, and since the statement of the victim was mostly false or exaggerated, the instant disposition was unlawful as it did not recognize the ground for the disposition.

Even if the Plaintiff had taken the face of a victim student, the Plaintiff’s taking the face of the victim student is merely merely a mere exaggeration and does not constitute school violence under the School Violence Prevention Act. Therefore, the instant disposition is unlawful as it does not recognize the ground for such disposition.

Even if the ground for the instant disposition is acknowledged, the Plaintiff’s act was merely an act of contacting the Plaintiff’s face and responding to it, but there was no measure under the School Violence Prevention Act as to the victim student. The instant disposition was unlawful against the principle of equity.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

The plaintiff's argument is a ground for action against aggressor students under the School Violence Prevention Act, and school violence is specified to the extent that it can be distinguished from other acts, and exercises the right to defend the aggressor student.