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(영문) 서울행정법원 2020.06.11 2020구합58298
전학 처분 취소의 소
Text

1. The Defendant’s transfer disposition taken by the Plaintiff on December 24, 2019 shall be revoked.

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

Reasons

1. Details of the disposition;

A. The Plaintiff and E are currently in the third grade of D Middle Schools.

B. The Plaintiff’s measure power 1) On September 10, 2018, the Defendant: (a) on the agenda, “the Plaintiff is dancing with E’s face” and 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 Autonomous Committee on Countermeasures against School Violence (hereinafter referred to as the “Autonomous Committee”) shall be

2) On May 13, 2019, the Plaintiff and E did not take measures against aggressor students on the ground that they were reconciliationed by the Plaintiff. (2) On May 13, 2019, the Defendant issued a written apology (Paragraph 1 subparag. 1), the prohibition of intimidation and retaliation against victim students (Paragraph 1 subparag. 2), the completion of special education or psychological treatment (Paragraph 1 subparag. 5), and the care givers (Paragraph 9) pursuant to Article 17 of the former School Violence Prevention Act.

3) On September 19, 2019, the Defendant taken measures against the Plaintiff on the ground of “the Plaintiff’s act of assaulting 12 students jointly with the six students” (Article 17 of the former Act on the Prevention of School Violence, i.e., playing a victim student, saving the computer, walking out, etc.) and jointly with four students to exercise school violence (Article 17 (1) 1), prohibiting intimidation and retaliation against victim students (Article 17 (1) 2), completing special education or psychological treatment (Article 17 (3)), and providing care (Article 9). On October 2, 2019, the Defendant taken measures against the Plaintiff on the ground of “the Plaintiff’s act of assaulting 12 students jointly with the six students (Article 1(1)1), prohibiting intimidation and retaliation against the victim student (Article 1(2)2), five days suspension of attendance (Article 1(1)6), completing special education or psychological treatment (Article 1(3) (9)).

C. On December 24, 2019, the Defendant: (a) held an autonomous committee under the former Act on the Prevention of School Violence by stating that “the Plaintiff would take a bath to E on November 29, 2019 without any particular reason”; (b) the autonomous committee transferred the Plaintiff to the Defendant.

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