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(영문) 제주지방법원 2020.12.15 2019구합6066
서면사과 등 처분취소
Text

On May 20, 2019, the Defendant’s contact with, and intimidation, the victim students.

Reasons

1. The Plaintiff entered the D High School in 2019 (hereinafter “D High School”) and was enrolled in the first year, and was living in the dormitory room such as E in the same grade.

On April 28, 2019, E reported to the Defendant that the Plaintiff, etc. was subject to school violence.

D High School Violence Autonomy Committee (hereinafter “Autonomous Committee”) held a meeting on May 16, 2019. At the above meeting, it deliberated and resolved on the Plaintiff’s written approval for victim students as provided by Article 17(1)1 of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former Act”) and the Plaintiff’s written approval for the victim students as provided by Article 17(1)1 of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former Act”), the prohibition of contact, intimidation and retaliation

(hereinafter “instant deliberation and resolution”). On May 20, 2019, the Defendant took each measure against the Plaintiff and notified the Plaintiff of the content of the resolution by the autonomous committee.

On June 27, 2019, the Plaintiff dissatisfied with the above measure and filed an administrative appeal with the Jeju Special Self-Governing Provincial Office of Education Administrative Appeals, and the said administrative appeals commission accepted part of the claim on August 26, 2019, and revoked the part of the community service work among the above measures and dismissed the remainder of the claim.

(hereinafter this part of the measure that remains partially revoked, i.e., the disposition written in the order, hereinafter “instant disposition”), / [based on recognition] without dispute, each entry in Gap evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Summary of the plaintiff's assertion

A. Chapter 1: Two representatives of parents who attended the autonomous committee’s deliberation and resolution in the instant case of illegality in the organization of the autonomous committee were elected at the plenary meeting of parents on March 15, 2019. The above election was made without going through a prior candidate registration procedure and on-site voting, and Article 13 of the former Act.

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