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(영문) 서울행정법원 2020.10.16 2019구합71189
징계조치처분취소 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. At the time of 2019, the Plaintiff was a student enrolled in the fourth and seventh grade of the D Middle School, while E (hereinafter “victim student”) was a student who was enrolled in the fourth and third grade of the F Elementary School at the time, and was a student of the same school as the Plaintiff’s Dong G.

B. On May 31, 2019, the mother of a victim student reported that the Plaintiff committed school violence to a victim student at the F Elementary School Autonomous Committee on Countermeasures against School Violence at School.

C. Pursuant to the proviso to Article 12(1) of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former Act on the Prevention of and Countermeasures against School Violence”) and Article 13(1) of the former Enforcement Decree of the Act on the Prevention of and Countermeasures against School Violence (amended by Presidential Decree No. 3041, Feb. 25, 2020), F Elementary Schools and D Middle Schools jointly organized the Autonomous Committee for Countermeasures against School Violence (hereinafter “instant autonomous committee”) (hereinafter “instant autonomous committee”) with the Plaintiff at a meeting on June 12, 2019, pursuant to Article 17(1) of the former Act on the Prevention of and Countermeasures against School Violence (Article 17(1) of the former Act on the Prevention of and Countermeasures against Victims (Article 16441, subparagraph 2). The Plaintiff held a meeting on the 14th day of the same month and passed a resolution on the completion of Plaintiff’s special education under Article 3(3).

On June 18, 2019, the Defendant notified the Plaintiff of the following measures in accordance with the above resolution:

(hereinafter “instant disposition”. On May 10, 2019, around 15:20 on the ground of the measure, the Plaintiff brought money from the part of the victim’s wife (hereinafter “instant case”). The Defendant notified the Plaintiff’s guardian of the measure under Article 17(9) of the former School Violence Prevention Act (hereinafter “instant disposition”). However, the instant disposition is not a dispute.

The former School Violence Prevention Act.

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