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(영문) 의정부지방법원 2019.05.09 2018구합14641
징계조치처분취소 청구의 소
Text

1. On April 19, 2018, the Defendant’s contact with, and intimidation against, written apologys, victim students, and reported or accused students to the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff and E were enrolled in the second grade of D High Schools around April 2018.

B. On April 3, 2018, E reported school violence while the Plaintiff continuously committed violence.

C. On April 17, 2018, the Autonomous Committee on Countermeasures against School Violence at D High Schools (hereinafter “instant autonomous committee”) issued a meeting (hereinafter “instant meeting”) with respect to the Plaintiff, based on Article 17(1)1, 2, 6, (3), and (9) of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”), the measures taken against the Plaintiff, such as written apologys, the prohibition of contact with, intimidation, and retaliation against, victim students and reported or accused students, the suspension of attendance at the meeting ten days, and the completion of special education.

On April 19, 2018, the Defendant took the same measure as the above measure taken by the instant autonomous committee pursuant to Article 17 of the School Violence Prevention Act against the Plaintiff.

(hereinafter “instant disposition”). The grounds for the measure indicated in the notice sent by the Defendant to the Plaintiff while rendering the instant disposition are as follows.

1. Using verbal or physical violence continuously for one year in 2017;

2. Recognition of aggressor students in verbal or physical violence events;

3. The exercise of violence under the pretext of “child-friendly return” is not justified [founded grounds for recognition] Gap, evidence Nos. 1 and 2, and evidence No. 1, and the purport of the whole pleadings;

2. Whether the disposition is lawful;

A. The purport of the Plaintiff’s assertion is to revoke the instant disposition on the ground that the following defects are illegal.

1) According to Article 13(1) of the Act on the Prevention of Violence in the Organization of Autonomous Committees, a majority of the members of the Committee should be commissioned as the parents’ representatives directly elected at the parents’ plenary session.

However, parents members of the instant autonomous committee were not directly elected at the parents plenary meeting.

(b) an opportunity to state sufficient opinions.

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