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(영문) 서울행정법원 2020.11.26 2020구합56858
서면사과 처분취소
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. On April 2019, the Plaintiff was enrolled in the second and second grade (20 students; hereinafter “instant class”) of the SeoulD Middle School (hereinafter “instant school”).

B. On April 1, 2019, E, a student of the instant class, sent to the Plaintiff a photograph “the pictures from which both females are exposed to all the chests (hereinafter “the pictures of this case”) with the right chests in one’s own hands,” and the Plaintiff sent to the Plaintiff on April 3, 2019, “the pictures from which the instant class is participating in the Kakakao Stockholm group hosting (hereinafter “instant group hosting photographs”) to the Plaintiff.” On April 1, 2019, E, a student of the instant class, sent the pictures to the Plaintiff, “the pictures from which the Plaintiff sent the Plaintiff the entire screen of the instant case 1” (hereinafter “the pictures of this case”).

C. On December 17, 2019, the Autonomous Committee on Countermeasures against School Violence (hereinafter “instant committee”) held a meeting on December 17, 2019 and resolved on a written apology and measure against a victim student under Article 17(1)1 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”) on the ground that the following causes for measures are recognized:

On December 24, 2019, the Defendant rendered the same disposition to the Plaintiff in accordance with the above resolution (hereinafter “the instant disposition”). From April 2019, the Defendant came to know of sexual harassment on the instant organization-raising room, his photo of a woman on the upper half of his body (specific part) and his sexual harassment on female students on the half-class and face of his/her sexual intercourse (the photograph, his/her photograph, and his/her sexual harassment on female students on the 2-1st half of his/her class). The Defendant’s statement of sexual harassment on ordinary terms, his/her parents, and his/her ability related to his/her siblings is limited to the class, and it is not easy for some children to walk. During his/her investigation, he/she becomes aware of his/her photograph, speech, etc. on the organization-raising room of this case.

The above content is an overall matter.

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