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1. The Defendant’s service (10 hours to 5 days per 10 hours per 2 hours per 5 hours) at one school on July 22, 2019, and special education.
Reasons
1. Details of the disposition;
A. The plaintiff is a student attending the fifth year of D elementary school located in Busan Seo-gu E.
나. 원고는 2019. 7. 1. 3교시 수업을 마친 후 쉬는 시간에 영어교실 앞 복도에서 F 학생이 원고에게 체육시간 반 평가로 ‘하’를 받았다고 거짓말을 하자 화가나 F 학생을 발로 찼다.
C. The defendant Na
In relation to the school violence in this subsection, the plaintiff was referred to the autonomous committee for countermeasures against school violence (hereinafter referred to as "the autonomous committee of this case").
The instant autonomous committee shall attend, on July 18, 2019, at least eight persons, including the chairperson and seven members, from among nine incumbent members.
The opinions of victim students, aggressor students, and parents regarding school violence cases in this subsection were heard, and the plaintiff requested the defendant to take measures under Article 17 (1) 3 of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter "former Act on the Prevention of and Countermeasures against School Violence") (hereinafter "former Act on the Prevention of and Countermeasures against School Violence"), and Article 17 (3) of the same Act.
E. The Defendant, on July 22, 2019, issued the instant autonomous committee’s resolution on July 18, 2019, to the Plaintiff.
notice of each of the measures in the subsection.
(f) The Plaintiff is dissatisfied with the instant disposition and filed an administrative appeal with the Busan Metropolitan Office of Education on August 2, 2019, but the said appeal was dismissed on September 26, 2019.
[Ground of recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 13 evidence, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s primary claim is that the instant disposition is null and void due to the following procedural defects.
(1) Article 13 (1) of the former Act on the Prevention of School Violence shall apply.