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(영문) 서울행정법원 2020.06.12 2019구합76641
징계(전학재심결정)처분취소청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff’s ASEAN and C, D, E, F, G, H, and I are students attending J High Schools (hereinafter “JJ”) which are private schools in January 13.

J high-level Committee on Countermeasures against School Violence (hereinafter “instant autonomous committee”) recognized that “B, etc. continues to commit violence and verbal violence against G, H, and I in a classroom, restaurant, lower school route, SNS, etc. from March 2019 to May 29, 2019, and that it caused physical and mental harm due to their harassment,” each member of the committee made a public notice of the detailed standards applicable to each measure against aggressor student (amended by the Ministry of Education No. 2020-218, Mar. 1, 202; hereinafter “instant public notice”), Article 2(1) and [Attachment 1] of the former Public Notice of Education (amended by the Ministry of Education No. 2020-218, Mar. 1, 202; hereinafter “instant public notice”), imposed points on each basic element of determination under Article 2(1) and [Attachment 1] of the Act on the Prevention of Violence against School Violence (amended by the Act No. 2010, Mar. 1, 20194).

In relation to B at the time of the above resolution, the contents stated in the agenda are as follows:

(Partial is based on the survey conducted for students belonging to Jin first grade 13 and that the student appeared to have been present) 1. H 1. H - He expressed his intention to refuse. H - He expressed his face to B. H - H, G, and I mainly bullying, and H bullying’s speechly and physically bullying to G.

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