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(영문) 춘천지방법원강릉지원 2019.04.25 2018구합30649
서면사과조치취소청구의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The plaintiff is a student attending a D High School, and the defendant is the principal of D High School.

B. On July 25, 2018, the Defendant rendered a written apology and a disposition under Article 17(1)1 of the Act on the Prevention of and Countermeasures against Violence (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff had pushed the victim’s, etc. in the front corridor of the principal school meal room during the occupation time of July 10, 2018.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 7, the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s assertion 1) The Plaintiff’s act of smugglinging the victim students at the time and time indicated in the instant disposition grounds did not have the intent of assault, and cannot be deemed as an assault subject to punishment or disciplinary action under social norms. Therefore, the instant disposition was unlawful as it deviates from and abused discretionary power, and is in excess of the degree of the instant disposition grounds. 2) Since the Plaintiff’s disadvantage caused by the instant disposition is excessively excessive compared to the degree of the instant disposition grounds, the instant disposition is unlawful against the

(b) as shown in the attached Form of the relevant statutes;

C. Article 2 Subparag. 1 of the School Violence Prevention Act provides that “school violence” refers to an act resulting in physical or mental harm to a human body or property through an injury, assault, confinement, threat, abduction, abduction, abduction, defamation, insult, coercion, coercion, coercion, sexual violence, bullying, cyber bullying, or obscene or violent information using an information and communications network against students inside or outside of school.” “Assault” does not necessarily mean the exercise of physical or mental harm to a human body, and does not necessarily require any contact with a human body of the victim. The illegality is the purpose and intent of the act, the circumstances at the time of the act, and the form and type of the act.

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