Text
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. The total costs of the lawsuit shall be borne by the defendant.
Reasons
1. The reasons why the court should explain this part of the process of the disposition are as follows: the “Act on the Prevention of and Countermeasures against Violence in Schools, April 28, 2019”; the “Act on the Prevention of and Countermeasures against Violence in Schools, April 28, 2017;” the “Act on the Prevention of and Countermeasures against Violence in Schools,” the “Act on the Prevention of and Countermeasures against Violence in Schools,” the “Act on the Prevention of and Countermeasures against Violence in Schools,” the “Act on the Prevention of and Countermeasures against Violence in Schools (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former Act on the Prevention of School Violence”), the 6th and 7th, the 5th, each of the “Act on the Prevention of Violence in Schools,” the “B,” the “J,” the 7th, 13th,” referred to in the main sentence of Article 8(2) of the Civil Procedure Act, citing it as is, pursuant to the main sentence of Article 8(2) of the Civil Procedure Act.
2. Whether the lawsuit of this case is lawful
A. The Defendant’s principal safety defense asserts that the instant lawsuit is unlawful because the Plaintiff had no legal interest in seeking revocation of the instant written submission and disposition, since the Plaintiff already graduated from the D Middle School without complying with the instant written submission and disposition, and according to the Ministry of Education’s guidelines for the preparation and management of school records, which are directives, the document submission and measures for victim students pursuant to the former Act on the Prevention of School Violence, are required to be deleted from school records at the same time as the Plaintiff graduated from the school.
B. Article 17(1) of the former School Violence Prevention Act provides that “The autonomous committee shall request the head of a school to take any of the following measures against an aggressor student in order to protect a victim student and to guide and educate an aggressor student,” and stipulates all the entities taking measures against a victim student and an aggressor student as “head of a school”. Measures against a victim student and an aggressor student include “a written apology against a victim student” under Article 17(1)1 of the same Act.