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(영문) 의정부지방법원 2020.08.11 2019구합13409
징계처분 취소청구
Text

Of the instant lawsuit, the part seeking revocation of the “two-hour special education hours for guardians” shall be dismissed.

Defendant on 2019.

Reasons

1. Details of the disposition;

A. The Plaintiff (E) was enrolled in the second grade 11 of D High School in 2019, and F (hereinafter “victims”) was enrolled in the second grade 3 of the above school in the same year.

B. On July 16, 2019, the Defendant stated on the ground that the following grounds for the measure (hereinafter “the instant grounds for measure”) constituted “sexual assault” under Article 2 subparag. 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 on the Prevention of and Countermeasures against School Violence”), the Defendant stated in the preparatory document dated April 2, 2020 that “the Committee on the Autonomous Countermeasures against School Violence recognized that the victim was victimized by sexual assault.”

With respect to the plaintiff and his/her guardian, measures of "four hours for psychological treatment by an internal or foreign expert, five hours for a school, five hours for a victim student, written apology for a victim student, two hours for special education, two hours for special education, and two hours for special education by a guardian" pursuant to Article 17 (1) 1, 3, 5, (3) and (9) of the same Act.

(2) On June 19, 201, G Apartment-si, Namyang-si, the Plaintiff’s guardian’s care holder’s care holder’s care holder’s care holder’s care holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder’s care right holder

2. Whether the part concerning the disposition of guardian of this case among the lawsuit of this case is legitimate

(a) Article 17(1)5 and (3) of the former School Violence Prevention Act shall be one of the measures that can be taken against aggressor students in order to guide and educate aggressor students.

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