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(영문) 서울행정법원 2015.07.09 2015구합53169
학교폭력조치결정처분취소
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. The Plaintiff is a student who was enrolled in the sixth grade of the D Elementary School.

B. On October 31, 2014, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “Autonomous Committee”) held a meeting with respect to an accident in which E, who was in school in the fifth and second grade of the pertinent year, was injured (hereinafter “instant accident”), and resolved that the Plaintiff shall receive special education from the victim students, the Plaintiff, and the guardian, in accordance with Articles 17(1)1 and 5 and 17(9) of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”).

(hereinafter referred to as “instant meeting.” On October 17, 2014, the Plaintiff: (a) was fluored from D Elementary School Mamamama in F along with F at the time of F, but, on the other hand, the victim E, who was a student of the fifth grade and second grade of the pertinent school, was the victim E, “Bnae” to F.

원고는 E의 손목을 잡으면서 “1초 안에 불을 못 붙이면 면상을 뜯어 죽여 버리겠다.”고 하였고, 옆에 있던 F이 E에게 나뭇잎을 따 주며 “1초”라고 세고 “좃됐다.”라고 하자, E은 원고를 피해 도망을 가다가 2학년 학생과 부딪혀 코뼈가 부러지는 상해를 입었다.

C. On November 5, 2014, the Defendant rendered the following dispositions to the Plaintiff in accordance with the resolution of the autonomous committee:

(hereinafter referred to as “instant disposition”). The cause of the Plaintiff’s measure: The May 2, 2014 is determined in consideration of the Plaintiff’s attitude in the ordinary life of the Plaintiff in relation to the case where the five-year-E students were injured by the bones of the inside and outside of the school as of October 17, 2014. Measures taken: A written apology for the victim student under Article 17(1)1 of the School Violence Prevention Act and the special education by the internal and outside of the school under Article 17(1)5 of the School Violence Prevention Act (five days).

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