Text
1. The measure taken by the Defendant against the Plaintiff on February 13, 2018 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
Details of the disposition
The plaintiff is a student in C High School, and the defendant is the principal of C High School.
On February 13, 2018, the Defendant issued a measure to “the instant disposition” against the Plaintiff on the ground that “an indecent act related to sexual assault against female students (hereinafter referred to as “victim students”) occurred from Enonobian toilets located in D on December 10, 2017, pursuant to Article 17(1)8 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”), five hours of special education for students under Article 17(3) of the same Act, five hours of special education for guardians under Article 17(9) of the same Act, and five hours of special education for guardians under Article 17(9) of the same Act (hereinafter “instant disposition”).
[Ground of recognition] The Plaintiff’s assertion as to the legitimacy of the disposition of this case as to the entry of Gap’s evidence No. 1, and the purport of the entire pleadings does not constitute an indecent act by force of a victim student. Thus, the instant disposition is unlawful as it is not acknowledged as a ground for disposition
Since CCTV and other related images show to its members and omitted the process of undergoing an in-depth debate, and the Plaintiff was treated at a stroke speed with prejudice that the Plaintiff failed to adapt to school life in the past, the instant disposition is unlawful since it was abused or abused its discretion.
It is as shown in the attached Form of the relevant statutes.
Judgment
(1) If we gather together the following circumstances revealed by the Plaintiff’s argument as to Gap’s evidence Nos. 1 through 4 and Eul’s evidence Nos. 1 through 17, the result of this court’s verification, and the purport of the entire pleadings, the evidence submitted by the Defendant alone is insufficient to deem that the Plaintiff committed an indecent act on the part of a victim on December 10, 2017 in a singing practice room, and there is no other evidence to acknowledge it. Thus, the instant disposition is not unlawful (the Defendant, according to the “Juvenile Human Rights Manual for Students in 2018,” the criteria for sexual assault are one of the types of school violence against the other party’s will.