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(영문) 의정부지방법원 2018.06.21 2017구합14705
조치처분 취소청구의 소
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 was enrolled in the sixth and sixth grade of D High School around 2017, while E was enrolled in the second and sixth grade of the same school.

B. On November 1, 2017, F, the mother of E, reported school violence on the ground that bullying was caused on several occasions, such as 2016. From November 1, 2017, E, the face of the Plaintiff, etc.

C. According to the above report, the Autonomous Committee on Countermeasures against School Violence at D High Schools (hereinafter “Autonomous Committee”) held a meeting on November 20, 2017 and passed a resolution as follows (hereinafter “instant resolution”).

[ table] From June 2016 to October 20, 2017, the ground for the measure taken by the plaintiff victim E against the aggressor student, the class and corridor of the D High School that the plaintiff was unable to cause physical and mental harm by engaging in an act that the plaintiff was able to take several times of view from E, and contact with the victim student and the reported and accused student, prohibition of intimidation and retaliation (Article 17(1)2 of the School Violence Prevention Act), community service20 hours (Article 17(1)4 of the same Act), two hours of special education for students and guardians (Article 17(3) and (9) of the same Act)

D. On November 27, 2017, the Defendant notified the Plaintiff of each of the above measures (hereinafter “instant disposition”) in accordance with the instant autonomous committee’s resolution.

[Ground of recognition] Facts without dispute, Gap evidence 5, Eul evidence 1, 8, 9 (including branch numbers, if any) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff’s act may not be deemed as school violence in light of the following: (a) while there was a few times of view of E, only the latter E did not intend to distort itself by leading to an act; and (b) E did not know whether it was suffering due to the lack of expression of intention of refusal; and (c) it did not constitute school violence.

B. In light of the Plaintiff’s act, the instant disposition is deemed to have considerably lost validity under social norms, and there is an error of deviation from and abuse of discretionary authority.

3. An entry in the attached Form of relevant Acts and subordinate statutes;

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