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(영문) 서울행정법원 2020.05.08 2019구합5014
학교폭력 징계조치처분 취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was in attendance at the 8th grade of D middle school in 2018, while E (hereinafter “victims”) was in attendance at the 5th grade of the same school.

B. On May 3, 2018, the Autonomous Committee on Countermeasures against School Violence in D Middle Schools decided to order the Plaintiff to complete each measure for completing four hours of special education against the Plaintiff and his/her guardian under 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 “former School Violence Prevention Act”) on the ground that “F” on the SNS along with other aggressors constitutes a kind of separate name that the Plaintiff and other aggressors refer to the victim.”

C. Accordingly, on May 8, 2018, the Defendant notified the Plaintiff of each of the above measures according to the above decision.

(2) Article 17(1) of the former Act on the Prevention of School Violence provides that "the first measure of this case," and Article 17(3) and (9) of the same Act shall be added to "the second measure of this case," and each measure of this case shall be referred to as "the second measure of this case," and all of the above measures shall be referred to as "the disposition of

The Plaintiff dissatisfied with the instant disposition and filed an appeal with the Seoul Metropolitan Office of Education Administrative Appeals Commission on June 22, 2018, but the said administrative appeals commission dismissed it on April 2, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4, Eul evidence 1, the purport of the whole pleadings

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

3. Summary of the plaintiff's assertion

A. The non-existence of the grounds for disposition was merely discussed in SNS the complaints against the victim student who duplicating the Plaintiff, etc. with other aggressor students, and the victim student is insulting or bullying through the relevant notice.

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