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(영문) 서울행정법원 2020.05.07 2019구합83861
학교폭력처분취소
Text

1. The Defendant’s service days at one school against the Plaintiff on September 16, 2019, and the victim and the student who reported or accused the Plaintiff.

Reasons

1. Details of dispositions entered in the text;

A. The Plaintiff in the position of the parties, and E are students who were enrolled in the first and fourth grade of D Middle Schools in 2018.

B. On April 13, 2018, the Plaintiff and E did not go to the playground and had a gymnasium in the classroom. The Plaintiff and E were able not to participate in the sports class by combining their legs. From that point of view, the mobile phone gymnasium began within the bank of “F” which is a student of the same half of the same group. The Plaintiff and E were taken out from the bank, and during that process, there was a dispute involving physical contacts between the Plaintiff and E. (2) in response to school violence on September 17, 2018.

Accordingly, on April 13, 2018, the Plaintiff reported school violence by asserting that “E gets injured by the Plaintiff’s grandchildren, etc.”

(3) No. 7 (1) of this title.

The defendant's measures and revocation judgment, etc. (Evidence No. 4, Eul No. 6, Eul No. 7-1) 1) The Autonomous Committee for Countermeasures against School Violence in D Middle Schools (hereinafter referred to as "Autonomous Committee") shall be referred to as "Autonomous Committee."

(1) On October 22, 2018, the Plaintiff and E are all the contents indicated as the grounds for the measure “E, the Plaintiff fighting, and the Plaintiff fighting, E.).” As the grounds for the measure, 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”).

(2) A decision was made on November 2, 2018 to request the Defendant to take measures under Article 17, and specifically, the Plaintiff made the following decisions: ① written apology (Paragraph 1 subparag. 1), ② contact with victim students and reported or accused students, ② prohibition of intimidation and retaliation (Paragraph 1 subparag. 2), ③ special education 4 hours (Paragraph 3 and 9), and E’s written apology (Paragraph 1 subparag. 1). (2) The Defendant made a request on November 2, 2018 to take measures against the Plaintiff and E (hereinafter “prior action”).

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