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(영문) 서울행정법원 2021.01.28 2020구합74030
학교폭력 가해학생조치처분 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, D, and E are in attendance at a half of the year of F High School.

B. On June 29, 2020, the Plaintiff suffered a dispute with E on June 29, 2020, and the case was received in the course of investigating the said case by the organization in exclusive charge of school violence issues at F High Schools (hereinafter “exclusive organization”).

(c)

On July 13, 2020, the head of F higher school requested the Defendant to convene a meeting of the Committee for Deliberation on Countermeasures against School Violence on the issue that “the Plaintiff caused verbal violence and physical violence to D from May 13, 2020 to the Haman on June 2020”.

(d)

The committee for deliberation on school violence in the Gangnam-gu Seoul Special Metropolitan City Seocho Education Support Agency (hereinafter referred to as the "Deliberation Committee") shall be October 2020.

The matter described in paragraph (1) was convened as an agenda, and the Defendant requested the Plaintiff to take measures of “the contact with victim students and reported or accused students, prohibition of intimidation and retaliation, community service hours, etc.” against the Plaintiff.

E. On August 18, 2020, the Defendant issued, at the request of the Review Committee, a disposition on August 17, 2020 to the Plaintiff, including each of the dispositions under paragraphs (1)2 and 4, for contact with victim students and reported students, intimidation, and retaliation (Article 1 (2) 2), for community service five hours (Article 1 (1) 4), for special education five hours (Article 3 (3)), for five hours of special education for guardians (Article 9) (Article 1 (1) 2 and 4 as a whole, and thereafter referred to as “instant disposition”).

On May 26, 2020, the classroom A started with a long time, such as freshing, freshing, and stringing the shoulder as a classroom course on May 26, 2020. From May 27, 2020 to May 29, 2020, the classroom A attempted to avoid selling, and kneeing, while kneeing (in this process, D is subject to two weeks' diagnosis by suffering from the injury of the left-hand slick base).

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