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(영문) 서울동부지방법원 2014.12.11 2014가합104436
퇴학처분취소청구의 소
Text

1. The Defendant’s expulsion from school against the Plaintiff on April 18, 2014 confirms that the expulsion from school is invalid.

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

Reasons

Basic Facts

The plaintiff was admitted to C High School on March 3, 2014, and was transferred to E High School on March 18, 2014, and the defendant is a school juristic person operating E High School.

On March 12, 2014, the Plaintiff committed assault with Nonparty F (Grade 1 in high school), G (Grade 1 in high school), and H (no school register) on the ground that Nonparty J (Grade 3 in Songpa-gu Seoul (hereinafter “victim”) did not take an examination of the Plaintiff, F, etc., and the Plaintiff et al. committed assault with Nonparty J (Grade 3 in middle school; hereinafter “victim”) on the ground that he did not take an examination of the Plaintiff, F, etc., on the floor of Songpa-gu, and the Plaintiff et al. al. al., sent back the victim’s face and head to the victim’s face and head, with the hands back and drinking, etc., and walked the victim’s body part going beyond the upper part of the victim’s body and walking over the upper part of the victim’s body, and led the victim to an assault, such as the victim’s strokenopsis and the stroke and the

(2) On April 18, 2014, the school violence committee of the E High School expulsion from School held a meeting regarding the instant assault on April 17, 2014, and the above autonomous committee requested the Plaintiff to take an expulsion from school, and on April 18, 2014, the head of the E High School took an expulsion from school (hereinafter “instant expulsion from school”) against the Plaintiff on the ground that “the Plaintiff assaulted the victim jointly with Nonparty F, G, and H on March 12, 2014, and inflicted an injury on the part of three weeks in need of medical treatment.”

On April 29, 2014, the Plaintiff’s mother and Nonparty K filed a petition for reexamination with the Seoul Special Metropolitan City Mediation Committee on Disciplinary Action against the instant expulsion from school on April 29, 2014. However, the said Committee exercised a serious and intentional school violence by the Plaintiff, other aggressor students already been expelled from school, the seriousness of school violence committed by the Plaintiff, and the degree of reconciliation with the victim, etc., the instant expulsion from school violated the law.

of this case, the court may have abused its discretion.

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