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(영문) 전주지방법원 2020.11.12 2019구합2487
전학조치처분 취소 청구의 소
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs and D are students attending the third year of C High School around July 2019.

B. On May 10, 2019, C High School Violence Countermeasures Committee (hereinafter “Autonomous Committee”) held a meeting as to school violence cases (hereinafter “instant case No. 2”) with the content that “D has received harassment from the Plaintiff during the year 2018 due to verbal violence, and caused damage to the exploitation of money and valuables by coercion on April 18, 2019” (hereinafter “instant case No. 1”), and “D has received continuous harassment and bullying from the Plaintiff from the Plaintiff due to verbal violence” (hereinafter “instant case No. 2”), and “D has received continuous harassment and bullying due to verbal violence from the Plaintiff” (hereinafter “instant case,” and “instant case No. 1”)

C. On May 10, 2019, the autonomous committee notified the Defendant of the decision to request the measures of “eight hours” under Article 17 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”) against the Plaintiffs. The Defendant notified the Plaintiffs of the measures of the aforementioned contents on May 16, 2019 in accordance with the said decision.

(hereinafter “Prior Disposition”) D.

After that, the Plaintiffs filed a petition for review with the Governor of Jeollabuk-do Mediation Committee for Disciplinary Punishment on Students (hereinafter referred to as the “Disciplinary Committee”) on the grounds that the preceding disposition was excessive, and the Disciplinary Committee accepted the above claim on June 14, 2019 and decided to hold a new autonomous committee and decide on the measures against the Plaintiffs in relation to the instant case.

D also requested a new review to the Disciplinary Committee on May 24, 2019 on the preceding disposition, which was a victim, but was dismissed on June 10, 2019.

(e) The autonomous committee is once again in accordance with the above decision of the Disciplinary Committee on July 15, 2019.

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