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(영문) 부산지방법원 2020.06.04 2019구합1099
학교폭력징계조치처분취소 등
Text

1. On July 24, 2019, the Defendant contacts with the writing company against the Plaintiff, victim students, and reported or accused students.

Reasons

1. Details of the disposition;

A. The Plaintiff and E are students who were enrolled in the first and fifth grade of the D Elementary School at the time of 2019 (hereinafter “instant school”).

나. E의 보호자는 피고 측에 원고가 2019. 7. 16. 12:20경 이 사건 학교 1학년 5반 근처 화장실에서 E의 목을 조르고 등을 깨물었다는 내용(이하 ‘이 사건 폭행’이라 한다)으로 신고하였고, 원고의 보호자 또한 E이 위 일시ㆍ장소에서 원고에게 물을 뿌리고 원고의 다리를 걷어찼다 등의 내용으로 신고하였다.

C. On July 19, 2019, the Autonomous Committee on Countermeasures against School Violence at the instant school (hereinafter “the instant autonomous committee”) held a meeting on July 19, 2019, and resolved on each of the following measures against the Plaintiff for the following reasons (hereinafter “instant disciplinary cause”). The Plaintiff adopted a resolution as to “non-measures” against the Plaintiff: (a) writing company; (b) the prohibition of contact, intimidation, and retaliation against the victim students and reported or accused students; (c) the number of special education completion; and (d) the number of hours of special education provided by guardians;

Although it is difficult for the plaintiff to communicate with other students due to the defect of hearing impairment, violence against E has been repeated several times a semester, and the degree of it is excessive, the plaintiff's guardian did not properly go against E, the plaintiff's guardian did not respond rapidly when the case is based, and it is necessary to change the perception that minor violence between neighboring students should also be viewed as school violence.

D. On July 24, 2019, the Defendant rendered the same disposition against the Plaintiff on the grounds of the instant disciplinary cause (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap 1, Eul 2's each entry, the purport of the whole pleadings

3. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion lies in the following defects.

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