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(영문) 수원지방법원 2020.11.12 2019구합68955
서면사과 등 처분 취소
Text

1. The Defendant’s written apology, intimidation, and retaliation against the victim student committed against the Plaintiff on June 25, 2019.

Reasons

1. Details of the disposition;

A. The plaintiffs and the non-party K (hereinafter "victim students") are students attending the second year of J Middle School in Young-si, Young-si (hereinafter "Defendant School").

B. On June 20, 2019, the Autonomous Committee on Countermeasures against School Violence at the Defendant School (hereinafter “the instant autonomous committee”) held the second meeting of the Autonomous Committee on Countermeasures against School Violence and deliberated on the agenda of the second meeting on the grounds that “the Plaintiff, from May 2019, did not talk with the victim who was in friendship with the ordinary meeting, and the victim was able to sit in the school meal even when the victim was drinking, and that the victim continued to see even though the victim had attempted to compromise, thereby causing mental damage to the victim (hereinafter “the grounds for the instant measure”).

The instant autonomous committee determined that the Plaintiffs’ act against the victim student constitutes bullying, i.e., school violence, and granted three points in total as follows: (a) the determination score by the basic element of determination by the detailed criteria publicly notified by the Minister of Education (hereinafter “instant public notice”); (b) the Plaintiffs were based on the seriousness of school violence (one point); (c) the degree of seriousness of school violence (one point); (d) the degree of continuity (0 points); (e) the degree of reflectivity (one point); and (e) the degree of reconciliation (1 point); and (e) the determination score by the detailed criteria publicly notified by the Minister of Education for each measure against the aggressor student of school violence.

Pursuant to Article 17(1) of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “School Violence Prevention Act”), the instant autonomous committee shall take measures to prohibit the Plaintiffs from taking written apologys, intimidation, and retaliation (No. 1); and four hours of special education (Article 17(3); four hours of special education for guardians (Article 17(9)).

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