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(영문) 대전지방법원 2019.12.18 2018구합1352
충남교육행정심판위원회재결 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant disposition

A. The Plaintiff is a student who was enrolled in C High School (hereinafter “instant school”) which is a public school at the time of the resolution specified in the following B, and B is the person with parental authority of the Plaintiff, and the Defendant is the principal of the said school.

B. On June 7, 2018, the instant schools, D Middle Schools, E High Schools, and F High Schools jointly organized the Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) and decided on June 7, 2018 against the Plaintiff on the suspension of attendance for the following reasons: (a) the prohibition of contact with, and retaliation against, victim students and reported or accused students; and (b) the imposition of special education (six (six (six (six (six) hours and three (3) hours).

1. On May 22, 2018, when I and J are under physical violence at H House on the part of G’s land, without consent, and forced a daily gift (hereinafter “the ground for Disposition 1”), I and J have the atmosphere (hereinafter “the ground for Disposition 2”).

On June 11, 2018, according to the above decision, the defendant notified the plaintiff of the suspension of attendance 10 days, the prohibition of contact and retaliation against victim students and reported or accused students, and special education (six hours for students and three hours for parents) measures.

(hereinafter “instant original disposition”) D.

On July 13, 2018, the Plaintiff filed an administrative appeal seeking the revocation of the original disposition in this case with the Chungcheong-do Office of Education Administrative Appeals Commissions, and on August 20, 2018, the Chungcheongnam-do Office of Education rendered a ruling to reduce the original disposition to “five days of social service (10 hours), the prohibition of contact and retaliation against victim students and reported students, and the special education (6 hours of students, three hours of parents, and three hours of parents)”

(hereinafter the above part of the original disposition of this case which was reduced as above is referred to as "the disposition of this case"). / [Grounds for recognition] There is no dispute, Gap evidence Nos. 1, 2, Eul evidence No. 15, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case is as follows.

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