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(영문) 수원지방법원 2020.05.21 2019구합69842
전학처분등 취소
Text

1. The Defendant’s transfer disposition against the Plaintiff on June 27, 2019 is revoked.

2. The plaintiff's remaining claims.

Reasons

1. Details of the disposition;

A. The Plaintiff and D (hereinafter “victims students”) were enrolled in the first year in 2019 at C High School, a public school.

B. On June 26, 2019, C High School Violence Autonomous Committee (hereinafter “instant autonomous committee”) decided to take measures to prohibit contact, intimidation, and retaliation with a victim student under Article 17(1)2 of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 16441, Aug. 20, 2019; hereinafter “former School Violence Prevention Act”) and transfer under Article 17(1)8.

At around 13:00 on June 10, 2019, the Plaintiff and the victim were talked in a parking lot between the principal school and the separate school, and the Plaintiff was pushed down with the wall while the victim was frighted to the victim, and seems to have been sckeed at the time of the victim’s scke. This was reported by the students in the surrounding area, and the students in the middle of the third floor of the school and the principal school teachers in the middle of the school, who appeared to have been witnessed, and two students were able to become the student’s human rights register.

b. A survey was conducted on the matter that a red country was found to have flaged at the left face of the victim student or at a level of 0.5 cm, and a flaged flag on the face of the flag. However, as a result of the CCTV image verification, the Plaintiff’s flag at the time of the victim student was caught three times, and all relevant students were found to have been flaged to have been flaged and taken measures by recognizing that the Plaintiff’s flag was school violence depending on the flag.

C.

Accordingly, on June 27, 2019, the Defendant issued to the Plaintiff a measure of contact, intimidation, prohibition of retaliation, and transfer of students (hereinafter “instant measure”). D.

The Plaintiff, who is dissatisfied with the instant disposition, filed an application for reexamination with the Gyeonggi-do Mediation Committee of Disciplinary Punishment on Students, but filed the application on August 8, 2019.

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