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(영문) 춘천지방법원 2020.08.18 2020구합50599
학급교체처분 취소 등 청구의 소
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 who was enrolled in the first and fifth grade of the D Middle School in Chuncheon City, and the defendant is the principal of the D Middle School.

The plaintiff was the head of the first and fifth classes, and the victim was a student who was enrolled in the same Ban as the plaintiff.

B. Since September 2019, E, who was the father/Ban of the above class, exercised bullying and physical violence, such as sleeping victim students using slots, drinking, etc., and the Plaintiff also expressed his opinion several times from September 201 to September 201, and committed the harmful act, such as sleeping victim students.

C. The above school building observed the bullying of victim students and became aware of this case.

D. On November 15, 2019, the Autonomous Committee on Countermeasures against School Violence (hereinafter referred to as the “Autonomous Committee”) decided that the Plaintiff’s replacement of classes, contact with victim students and reporting persons, accusation students, prohibition of intimidation and retaliation (til February 29, 2020), and the disposition of ten hours of special education was taken as a full measure, and the Defendant issued the said disposition against the Plaintiff on November 18, 2019.

(hereinafter “instant disposition”). Specific details are as follows:

Articles 16 and 17 of the Act on the Prevention of and Countermeasures against School Violence as a result of the measures taken by the Autonomous Committee for Countermeasures against School Violence shall be notified as follows:

In the case of victim students: G, H, Plaintiff, and E: From September 2019 to January 5, 2019, E continued bullying and physically abused victim students using sloters, drinking, etc., and the same half of the Plaintiff also expressed his/her opinion as E several times from September 2019, and the date on which it is decided to take measures to be taken to be taken to be taken to be taken to be taken to be taken to be a sluri and sluri: Change of class under Article 17(1)7, Article 17(1)2 and reporting and accusation of victim students, prohibition of contact with and retaliation against students (not later than February 29, 2020), Article 17(3) and Article 17(9).

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