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(영문) 서울행정법원 2017.05.11 2017구합1803
전학처분취소
Text

1. The Defendant’s transfer disposition against the Plaintiff on October 12, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff, E, F, G, and H (hereinafter “five persons, including the Plaintiff”) are students enrolled in I (hereinafter “victim students”) and in the first and second grade 9 of D Middle School (2016).

B. On October 7, 2016, the Autonomous Committee for Countermeasures against School Violence (hereinafter “the instant autonomous committee”) held a meeting on “(i) E and F used the shoulder part of the victim at the classroom at the point of occupation on September 20, 2016; (ii) taken G in which E prices of the victim; (iii) sent the above image to H and J Kakaox; (iv) sent it to two relatives in different places; (v) on September 22, 2016, the Plaintiff sent it to the head of the victim’s school experience and sent it to H and K Kaox; and (v) sent it to the Plaintiff’s guardian, including the Plaintiff (hereinafter “Plaintiff 1”) and sent it to H and K Kaox; and (v) the Defendant sent it to the Plaintiff’s guardian, including the Plaintiff 1 and the Plaintiff 1 and the Plaintiff’s guardian’s “the instant measure to prevent school violence,” and (v) notified the Plaintiff 1 and the Plaintiff’s “the instant measure to prevent school violence,”.

C. On November 9, 2016, the Plaintiff appealed to the measures taken against the Plaintiff and his/her guardian among the measures listed in attached Table 1, and filed an administrative appeal with the Seoul Special Metropolitan City Office of Education Administrative Appeals, but was dismissed on February 15, 2017.

【Legal basis for recognition】

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