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(영문) 수원고등법원 2021.03.24 2020누13741
사회봉사처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

The reasoning of the judgment of the court of first instance as to this case is the same as that of the judgment of the court of first instance (the ground for appeal by the plaintiff is not significantly different from the argument of the court of first instance, and even if the assertion and evidence additionally submitted in the court of first instance are presented, it is legitimate to recognize and determine the facts of first instance even if the argument and evidence additionally submitted in the court of first instance are presented in the court of

A. 1) The gist of the Plaintiff’s assertion is as follows: (a) one of the autonomous committees on countermeasures against school violence (hereinafter “autonomous committee”) notified K, who is a father of the Plaintiff, of the act of injury before the autonomous committee is held; and (b) the fact that the autonomous committee was referred to.

This violates the duty of confidentiality under the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “School Violence Prevention Act”).

As a result, even though the plaintiff did not commit a perpetrator's act, it was found that the plaintiff was subject to the disposition of this case as an aggressor student, there is a procedural defect.

Article 21 (Prohibition of Divulgence of Confidential Information, etc.) (1) No person who carries out, or has carried out, affairs related to the prevention of and countermeasures against school violence shall divulge confidential information or data concerning aggressor students, victim students, or reporting or notifying persons under Article 20 that he/she has become aware of in the course of performing his/her duties.

(2) Specific scope of confidential information under paragraph (1) shall be prescribed by Presidential Decree.

The scope of confidential information under Article 21 (1) of the Enforcement Decree of the Act on the Prevention of and Countermeasures against School Violence (Scope of Secrecy) shall be as follows:

1. Personal information, including names, resident registration numbers, and addresses of victims of school violence and of victims and their families;

2. Details of individual statements about the results of deliberation by victim students and aggressor students in school violence;

3. Other matters that are obviously likely to cause controversy between the disputing parties, if leaked, shall be determined by relevant laws and subordinate statutes 2).

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