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(영문) 수원지방법원 2014.09.26 2014구합947
징계처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff and the victim E are students who were enrolled in the first and fifth grade of the D High School in 2013 (hereinafter “instant school”).

B. On July 16, 2013, a victim student prepared and submitted a school violence report to the effect that he/she was subject to school violence, such as assault and intimidation, from the Plaintiff.

C. On July 22, 2013, the Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) held a meeting to request the Defendant to take written apologys and measures against the victim student pursuant to Article 17(1)1 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Act”) on the ground that the Plaintiff exercised school violence against the victim student.

On July 25, 2013, the Defendant, the principal of the instant case, issued a disposition of “written apology” to the Plaintiff in accordance with the said resolution.

(hereinafter referred to as the "disposition in this case"). [Grounds for recognition] The entry in Gap's 3, 4, 12 evidence, and Eul's 1 through 4 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings / [applicable statutes] Article 2 (Definition) of the Act on the Prevention of and Countermeasures against Violence in this Act shall be as follows:

1. The term "school violence" means activities involving a physical or mental injury or property damage caused by a bodily injury, assault, confinement, threat, kidnapping, abduction, abduction, defamation, insult, coercion, coercion, coercion, sexual violence, bullying, cyber-bullying, or obscene or violent information via an information and communications network for students inside or outside of school;

Article 12 (Establishment and Functions of Autonomous Committees for Countermeasures against School Violence) (1) Each school shall establish an autonomous committee for countermeasures against school violence (hereinafter referred to as "autonomous committee") to deliberate on matters related to the prevention of and countermeasures against school violence.

Provided, That the organization of the autonomous committee shall have the grounds prescribed by Presidential Decree.

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