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(영문) 광주지방법원 2018.08.30 2018구합10170
조치처분 취소 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff and E were enrolled in the first half of the year D middle school in 2016.

B. On December 19, 2016, the Defendant, upon the request of the Autonomous Committee on Countermeasures against School Violence (hereinafter “School Violence Prevention Act”), issued a disposition against the Plaintiff regarding “five days of service at schools, five hours of special education, five hours of special education at schools, and three hours of special education for guardians” (hereinafter “previous disposition”) pursuant to Article 17 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”).

1. 2016. 5.경 신체폭력 원고는 2016. 5.경 의자에 앉아 있는 E의 뒷목을 발로 찼다.

2. On November 22, 2016, the Plaintiff, in physical violence, was in the first-class class of the first-class class around November 22, 2016, and was harming the head of E, thereby causing injury to the Plaintiff’s head. In that process, the Plaintiff was able to suffer injury by facing the parts of the right side on his/her book by the E, in which he/she escaped.

C. Accordingly, the Plaintiff asserted that the previous disposition was unlawful and filed an administrative litigation against the Defendant with the Gwangju District Court seeking confirmation of invalidity of the previous disposition. On October 19, 2017, the Gwangju District Court rendered a judgment revoking the previous disposition on the ground that the composition of the Committee for Autonomous Measures against School Violence in D Middle Schools requesting the previous disposition was unlawful (2016Guhap13496), and the said judgment became final and conclusive around that time because both parties did not appeal.

According to the above judgment, the Defendant again organized the D Middle School Violence Autonomous Committee (hereinafter referred to as the “Autonomous Committee”) and issued a disposition on November 30, 2017 regarding the Plaintiff’s above school violence act at the request of the newly organized autonomous committee, pursuant to Article 17(1)5 and (9) of the School Violence Prevention Act, “five hours of special education and five hours of education of the special guardian” (hereinafter referred to as “instant disposition”).

[Reasons for Recognition] Facts without dispute, including Gap evidence 1, 6 through 11, Eul evidence Nos. 4 through 7, hereinafter.

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