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(영문) 수원지방법원 2017.04.11 2016구합66071
학교폭력 가해학생 조치처분 등 취소
Text

1. The emergency measure taken by the Defendant against the Plaintiff on December 18, 2015 (suspension of attendance) shall be revoked.

2. The Defendant on December 2015.

Reasons

1. Details of the disposition;

A. The Plaintiff, E, and F (hereinafter “victims”) are students attending the third grade of D elementary school in Ansan-gu, Seoul at the time of December 30, 2015.

B. On December 18, 2015, the Defendant, via the Plaintiff’s teacher at school (hereinafter “school teacher”), referred to the Plaintiff via the Plaintiff’s teacher at school (hereinafter “school teacher”), and the Plaintiff’s school violence on December 11, 2015 and December 15, 2015 (i) the Plaintiff, on December 11, 2015, allowed the Plaintiff to put clothes from the toilet to put in water, and, at the same time, allowed the Plaintiff to enter a male toilet at the same time, play the victim with H, and (ii) the Plaintiff called “F from the classroom on December 15, 2015,” and jointly with each of the above cases, ordered the Plaintiff to take emergency measures pursuant to Article 17(4) and Article 17(1)6 of the Act on the Prevention of and Countermeasures against Violence (hereinafter “Emergency Measures”).

C. On December 21, 2015, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “the instant autonomous committee”) held a meeting of the Autonomous Committee on Countermeasures against School Violence with each of the instant school violence items, and decided to request each of the Defendant to request that the Defendant make a resolution (hereinafter “instant resolution”) on the prohibition of contact, intimidation, and retaliation against the reported or accused students pursuant to Article 17(1) of the School Violence Prevention Act (Article 17(1) of the said Act, five days of special education, five hours of experience of special education (Article 5), five hours of parents’ special education (Article 5), and suspension of attendance (Article 6) by December 31, 2015.

Accordingly, on December 30, 2015, the Defendant issued an order to the Plaintiff to suspend attendance until December 31, 2015 with the same content as the result of the instant disposition on the ground of the Plaintiff’s school violence.

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