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(영문) 제주지방법원 2017.08.23 2016구합661
결석처분취소
Text

1. The part of the revocation of the disposition rejecting protective measures in the lawsuit of this case shall be dismissed.

2. The Defendant’s June 24, 2016, and June 27, 2016.

Reasons

1. Details of the disposition;

A. On May 23, 2016, between the Plaintiff and E who attended the first grade of D elementary school, a report on school violence (hereinafter “instant act”) was received from the school on May 23, 2016 by the parties related to the said report on school violence (hereinafter “instant act”).

B. Since then, in the course of the investigation of the organization exclusively in charge of school violence in the D Elementary School, the Plaintiff asserted that “E had the Plaintiff’s negative part, and had the Plaintiff annoyedly.” However, on June 4, 2016, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “Autonomous Committee”) decided to the effect that the instant act was not a school violence and sexual indecent act, and decided that “no measure is taken” against the parties.

C. On June 10, 2016, the Plaintiff’s mother, dissatisfied with the foregoing decision, claimed that “E is bullying to drive away from female toilets as well as the Plaintiff’s face and distribution.” The Plaintiff’s mother filed a petition for reexamination with the Jeju Special Self-Governing Province School Violence Countermeasures Committee (hereinafter “Local Committee”). On July 5, 2016, the Local Committee decided on the measures of “written apology against the Plaintiff” against E.

Accordingly, the Central Administrative Appeals Commission filed an administrative appeal on December 23, 2016, and the Central Administrative Appeals Commission rendered a ruling to revoke the above review decision by deeming that the decision of the Regional Committee on School Violence against E exceeded the bounds of the exercise of discretionary power, on the ground that “it is difficult to deem it desirable to punish the act of this case as school violence in light of school violence” to protect the human rights of students through the guidance and education of aggressor students and mediation between victim students and aggressor students.

E. On February 1, 2017, the regional commission rendered a decision to dismiss the Plaintiff’s request for reexamination on the determination that the autonomous committee’s “no measure is taken” in accordance with the purport of the ruling by the Central Administrative Appeals Commission.

(f).

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