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(영문) 서울행정법원 2019.10.11 2018구합84225
징계조치처분취소 청구의 소
Text

1. All of the plaintiff's claims are 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 first and third classes of D middle schools with E (hereinafter “victims”).

B. On September 20, 2018, the D Middle School Autonomous Committee on Countermeasures against School Violence (hereinafter “the pertinent school”) (hereinafter “the instant autonomous committee”) decided to order the Plaintiff to complete four-hour special education courses against the Plaintiff and the Plaintiff’s guardian under paragraphs (3) and (9), on the following grounds: (a) the written apology under Article 17(1) of the Act on the Prevention of and Countermeasures against Violence (hereinafter “School Violence Prevention Act”); and (b) the prohibition of contact, intimidation, and retaliation against the victim student (Article 17(1)(1) of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”); and (c) the Plaintiff’s guardian under paragraphs (3) and (9).

1. Around April 2018, the Plaintiff heard the words “victims kn't students kn't go from F, the same half of the after-school class,” and prevented the students kn's kn't go on both sides. At this time, F changed the sex of the victim kn's and the victim kn't go in the future.

2. On September 6, 2018, the Plaintiff brought one half of the half of the student G to the family of the victim, which was concealed by up to two to three minutes in the family of the victim, and G found the pen, and the beginning of five in the family of the victim student was removed from the family of the victim and returned from the family of the victim.

C. On September 28, 2018, the Defendant issued a disposition following the above resolution (hereinafter “instant disposition”) and notified the Plaintiff of the remaining measures except for the completion of special education.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 6, Eul evidence 1 and 3, the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. 1 Plaintiff’s assertion of procedural defect is constituted in violation of Article 13(1) of the School Violence Prevention Act on the following grounds, the instant autonomous committee’s resolution by the instant autonomous committee, which is unlawful, is unlawful, and the instant disposition is also based on this.

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