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(영문) 제주지방법원 2020.12.15 2019구합6370
학교폭력가해학생처분취소
Text

On May 20, 2019, the Defendant’s contact with, and intimidation, the victim students.

Reasons

1. The Plaintiff entered the D High School in 2019 (hereinafter “D High School”) and was enrolled in the first year, and was living in the dormitory room such as E in the same grade.

On April 28, 2019, E reported to the Defendant that the Plaintiff, etc. was subject to school violence.

D High School Violence Autonomy Committee (hereinafter “Autonomous Committee”) held a meeting on May 16, 2019, and deliberated on and decided to request the Plaintiff to take measures of five days of service at the school specified in subparagraph 3 of 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”) against the victim student as stipulated in 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”).

(hereinafter “instant deliberation and resolution”). On May 20, 2019, the Defendant took each measure against the Plaintiff and notified the Plaintiff of the content of the resolution by the autonomous committee.

On June 28, 2019, the Plaintiff dissatisfied with the above measure and filed an administrative appeal with the Jeju Special Self-Governing Provincial Office of Education Administrative Appeals Commission, and the said administrative appeals commission accepted part of the claim on August 26, 2019, and revoked the part of the claim on the service day at school and dismissed the remainder of the claim.

(hereinafter this part of the measure that remains after partial revocation, i.e., the disposition written in the order, hereinafter “instant disposition”), / [based on recognition] without dispute, each entry in Gap evidence 1 and 5 (including each number, hereinafter the same shall apply), the purport of the whole pleadings.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Summary of the plaintiff's assertion

A. Chapter 1: Two representatives of parents from among the members of the autonomous committee were elected at the plenary meeting on March 15, 2019 on March 15, 2019, who attended the deliberation and resolution on the instant case’s violation of the autonomous committee’s organization. The above election is without undergoing a prior candidate registration procedure and on-site voting.

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