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(영문) 서울행정법원 2018.06.07 2018구합54569
가해학생징계조치취소
Text

1. Of the instant lawsuit, the part of the Plaintiff B’s claim is dismissed.

2. The plaintiff A's claim is dismissed.

3. The costs of the lawsuit.

Reasons

1. Details of the disposition;

A. The plaintiff A is an elementary school student who is currently attending the fifth grade of the D Elementary School located in Guro-gu Seoul Metropolitan Government, and the plaintiff B is the plaintiff A.

B. Plaintiff A, F, G, H, and I were enrolled in the fourth-year class of D elementary school around October 2017.

Around October 27, 2017, F's parents reported school violence (117) to the effect that G, H, and I had F's grandchildren, etc. enter a female toilet, etc. on several occasions.

C. Around November 20, 2017, around 15:30, at the third meeting of the Autonomous Committee on Countermeasures against School Violence (hereinafter “instant autonomous committee”) held a third meeting of the Autonomous Committee on Countermeasures against School Violence (hereinafter “the instant autonomous committee”) and resolved to request the Defendant to take measures for five hours of special education completion under Article 17(1)1 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”) against Plaintiff A on the ground that “A renders his/her hands, etc. hump, hump, hump, and F hump, and forced him/her to go to go to a female toilet” (hereinafter “instant resolution”).

C. On November 22, 2017, the Defendant notified the Plaintiffs of the instant decision.

(2) Of the above notifications, the part against Plaintiff A regarding Plaintiff A, “instant Disposition 1,” and “instant Disposition 2,” and the part against Plaintiff B as to the Plaintiff’s guardian. 【Ground for Recognition,” and the purport of the entire pleadings and arguments as to Plaintiff A’s evidence Nos. 1, 2, and 1.

2. The plaintiff's assertion

A. The instant autonomous committee is not a parent representative, and the organization of the autonomous committee is unlawful. The instant resolution adopted by the instant autonomous committee and each of the instant cases based thereon.

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