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(영문) 대전지방법원 2021.01.07 2020구합100917
학교폭력대책자치위원회 결정 취소청구의 소
Text

Among the lawsuits in this case, the part concerning the completion of special education and the revocation of the disposition of completion of special education by guardians shall be dismissed.

November 2019.

Reasons

1. Details of the disposition;

A. The Plaintiff, C, and D are students in public elementary schools B (hereinafter “instant schools”) at the time of 2019, who were enrolled in the fifth and fifth classes of the fifth grade.

B. On November 2019, E, the Plaintiff’s mother, was subject to school violence from C and D (hereinafter “Affected students”).

reported.

(c)

On November 29, 2019, the Defendant: (a) requested C to complete special education 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 Act”) on the grounds as follows; (b) prohibition of contact, intimidation, and retaliation (No. 2); (c) four hours of attendance at school (No. 4 hours of attendance); (d) suspension of attendance (No. 4); (c) 8 hours of completion of special education under Article 17(3) of the said Act; (d) two hours of completion of special education by guardians under Article 17(9) of the said Act (hereinafter “the instant autonomous committee”); and (e) took necessary measures to ensure that a student under Article 17(1) of the said Act was not subject to any specific measure; (e) 4 hours of completion of the instant measure; and (e) take necessary measures to ensure that he/she did not take any specific measure to be taken at school.

2. We examine the part of the instant lawsuit seeking revocation of the disposition of the completion of the instant special education ex officio as to whether the part seeking revocation of the disposition of the completion of the instant special education is lawful.

Article 17 (3) of the former Act on the Prevention of School Violence is defined as "in-school and extra-school experts" in Article 17 (1) 5 of the same Act.

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