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(영문) 인천지방법원 2018.12.06 2018구합51038
출석정지등처분취소
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. Disposition 1 in relation to the act of school violence) The Defendant: (a) the Plaintiff, a second-year student, through D and Social Network Services (SNS), a student of the same Ban from April 4, 2017 to April 22:00, 2017; and (b) the F, G, H, I, I, and J (hereinafter “victims”).

3) On the part of the Defendant, the Defendant 1 did not err by misapprehending the legal principles as to sexual harassment and by exceeding the bounds of the principle of free evaluation of evidence.

(3) On April 18, 2017, the School Violence Prevention Act (hereinafter “School Violence Prevention Act”) applies to the Plaintiff on April 18, 2017, deeming that the Plaintiff exercised school violence.

A) Emergency measures of ten days for the suspension of attendance pursuant to Article 17(4) and (1)6 shall be taken, and C High School Violence Autonomous Committee (hereinafter “Autonomous Committee”) shall be referred to as “Autonomous Committee”).

(2) On May 1, 2017, the autonomous committee held a meeting on May 1, 2017 and requested the Defendant to take measures to replace the class, complete the five-hour special education for students, and complete the special education for guardians for five-hour hours pursuant to Article 17(1)7, (3), and (9) of the School Violence Prevention Act by deeming the Plaintiff’s instant act constituted school violence. Accordingly, on May 2, 2017, the Defendant notified the Plaintiff of the measures to replace the class, complete the special education for students for five hours, and complete the special education for guardians for five hours.

(hereinafter the above suspension of attendance, replacement of classes, completion of special education for students, and completion of special education for guardians, hereinafter referred to as "first disposition of this case"). (b)

1) C High School Students Guidance Committee (hereinafter referred to as the “Guidance Committee”)

(1) On June 15, 2017, the Plaintiff held a meeting on April 6, 2017, and made a statement against the Plaintiff, via D and E, the same Ban student, around April 6, 2017 (hereinafter “instant No. 2”).

Doctrine of the educational authority.

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