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(영문) 수원지방법원 2018.02.06 2017가합19480
징계처분 취소의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a school foundation that operates the F High School in Gangnam-gu Seoul Metropolitan Government (hereinafter "Defendant school"), and the plaintiff is a student attending the second grade and third grade of the defendant school.

B. On May 17, 2017, the Autonomous Committee on Countermeasures against School Violence at the Defendant School (hereinafter “Defendant Autonomous Committee”) held meetings of the autonomous committee (hereinafter “instant meetings”) and decided to request the head of the Defendant school to take the following measures with respect to the Plaintiff’s “The Plaintiff was unable to cause the Plaintiff to salute the Plaintiff to salute, not in the class and practical training room, but in order for the Plaintiff from April 10, 2017 to May 2, 2017 (hereinafter “victims”).

On May 19, 2017, the head of the defendant school took disciplinary action as the content requested by the defendant school autonomous committee, including transfer measures under Article 17 subparagraph 8 of the Act on the Prevention of and Countermeasures against Violence (hereinafter “instant measure”) against the plaintiff upon the request of the defendant school autonomous committee by the above resolution.

On May 22, 2017, the Plaintiff received the notice of the result of the instant disposition.

Article 17 subparag. 1 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”), which is a cause of the measure, from April 10, 2017 to May 2, 2017, written apologys to the victim students under Article 17 subparag. 2 of the Act on the Prevention of and Countermeasures against Violence in Schools, and the contact to the victim students and reported and accused students under Article 17 subparag. 2 of the School Violence Prevention Act, suspension of attendance under Article 17 subparag. 6 of the Act on the Prevention of and Countermeasures against Violence in Schools (five days) - Special Education added to Article 17 subparag. 6 of the Act on the Prevention of and Countermeasures against Violence in Schools (students: 24 hours, parents: 5 hours).

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