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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the decision;
A. At the time of December 2012, the Plaintiff was a student who was enrolled in the first year in the D Middle School located in Young-gu, Young-si, Young-si C (hereinafter “instant middle school”).
B. On December 27, 2012, the Autonomous Committee on Countermeasures against School Violence in the instant middle school (hereinafter “self-governing Committee”) requested the principal of the instant middle school to take measures “(i) written apology, (ii) contact, intimidation, and retaliation against the victim, (iii) community service, (iv) special education, and (v) ten (10) hours in number of special education,” against the Plaintiff, on the ground that “the Plaintiff’s victim student (hereinafter “victim student”) was stolen due to his/her marbation, and was using verbal violence for one hour and thirty (30) minutes, but he/she was sexually injured, but he/she did not know of the fact that he/she was not the victim,” against the Plaintiff.
C. On December 31, 2012, the principal of the instant middle school rendered a disposition against the Plaintiff taking measures to take special education (hereinafter “instant original disposition”) for ten hours (10 hours), pursuant to Article 17(6) of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”).
However, on January 10, 2013, the father of the victim was dissatisfied with the above original disposition and requested a new trial to the defendant for transfer measures, etc. against the plaintiff pursuant to Article 17-2 (1) of the School Violence Prevention Act, and the mother of the plaintiff in the above new trial procedure also prepared and submitted the final statement to the defendant.
E. According to Article 24(6) of the Enforcement Decree of the School Violence Prevention Act, the Defendant may request the head of the relevant school to take measures against aggressor students as stipulated in the retrial decision, on February 25, 2013, with the content that “five days of suspension of attendance” concurrently takes measures against the Plaintiff on February 25, 2013.