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(영문) 서울행정법원 2018.01.26 2017구합70366
학교폭력가해학생처분무효확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Details of the disposition

The plaintiffs are students attending E secondary schools which are public schools established and operated by Seoul Metropolitan Government.

F was in attendance at the first and third grade of E Middle School in 2016, and F’s parents reported G and Plaintiff A as school violence on October 19, 2016, on the ground that “The Plaintiff A in the first grade of the same school and the first grade of the same school slandered F with the first grade and the nine grade of the same school,” and that “F reported it as school violence,” on October 18, 2016, on the ground that “The Plaintiff A in the first grade of the same school and the first grade of the same school slanderd F with the first grade and nine grade of the same school, and the G reported it as school violence.”

On October 20, 2016, F and F’s mother revoked the report as a result of misunderstanding the report on G to E Middle Schools. On the same day, the Council of the Agencies in Exclusive Charge of School Violence in E Middle Schools concluded school violence against G on the ground that it did not have any substance and is caused by mutual misunderstanding, and decided to hold the Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) with respect to Plaintiff A.

E Middle Schools shall be referred to as the "First Autonomous Committee" below the autonomous committee on November 2, 2016.

The case of school violence as set forth below was discussed by holding Eul, and the defendant notified the plaintiff A of the following reasons and measures. On the same day, the plaintiff A of the first grade of the aggressor student A of the first grade of the second grade of the second grade of the second grade of the aggressor student, the plaintiff A's receipt of and deliberation on the case about the plaintiff A's piracy language violence and bullying against the plaintiff F of the first grade of the second grade of the victim student A of the second grade of the second grade of the aggressor student, and as a result, it is difficult to judge whether the F actually abused against the other person, but both the plaintiff A was aware that he/she transferred the horses to the other person, and the part was judged as school violence. In addition, the F was isolated from the school relationship, and one of the reasons was related to the part before the plaintiff A of the measure was taken and suspended.

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