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(영문) 수원고등법원 2019.11.27 2019누11374
가해학생조치처분 취소 청구의 소
Text

1. Revocation of the first instance judgment.

2. On October 15, 2018, the Defendant’s disposition of 12 hours of community service provided to the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff and E (hereinafter “victim students”) are students who were enrolled in the fourth and fourth grade of the D Middle School in the year 2018.

B. Autonomous Committees for Countermeasures against School Violence in D Middle Schools (hereinafter “Act”) shall be governed by the Act on the Prevention of and Countermeasures against School Violence (hereinafter “Act”).

On October 5, 2018, the Autonomous Committee on Countermeasures against School Violence referred to as the “Autonomous Committee,” and the autonomous committee of D Middle Schools held a nine-time meeting of the Autonomous Committee on Countermeasures against School Violence (hereinafter “instant meeting”) on the following matters.

On September 19, 2018, the Plaintiff did not go through (the Plaintiff) even after entering the victim student’s living kists at the second floor library of D High School on September 19, 2018, and shown that (the Plaintiff was suffering from the victim student) flading, and flading that (the victim student was suffering from the victim student).

b. The plaintiff asserts that he was a friendly relation and that students did not feel a sense of shame. Since then, the plaintiff argued that he was able to say that he was "humbly" even when he was faced with a shoulder, and that he was able to file a complaint against a victim student with a crime of non-sophy and a public performance and obscenity in the Face North, and other friendships knew this fact, and the victim victim complained of two through psychological stress.

With respect to the above case (hereinafter “instant case”), the instant autonomous committee decided that the Plaintiff take measures (hereinafter “disposition 1, 2, 4, (3), and (9) of “four hours each of the completion of the special education course for victimized students and their guardians” under Article 17(1)1, 2, and 4 of the Act against the Plaintiff regarding the following matters (hereinafter “instant case”).

In accordance with the above resolution on October 15, 2018, the Defendant is deemed to have caused the following reasons (hereinafter “instant measure”).

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