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(영문) 춘천지방법원 2020.01.07 2019구합52131
특별교육이수 등 처분 취소
Text

1. The part of the lawsuit in this case seeking revocation of the disposition of special education for guardians shall be dismissed.

2. The plaintiff.

Reasons

1. Details of the disposition;

A. On March 26, 2019, the Defendant: (a) the Plaintiff on March 26, 201; and (b) the Plaintiff, etc. on March 4, 2019 after school E (hereinafter “victims”).

2) The Plaintiff notified the Plaintiff of the measure of “90 hours of special education by outside school experts and five hours of special education by guardians,” which is the reason for the measure of verbal abuse, threatening conduct, intimidation,” which is the cause of the measure.

(hereinafter “instant disposition”). (b)

On April 10, 2019, the Plaintiff filed an administrative appeal seeking to change the instant disposition into a written apology, but the Gangwon-do Educational Administrative Appeals Commission dismissed the Plaintiff’s claim on July 2, 2019.

[Judgment of the court below] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The Plaintiff’s assertion began in the dispute regarding F and G lending KRW 20,00 to the victimized student at food value, and the responsibility of returning the said money was initiated. The Plaintiff did not intend to accept the victimized student from the beginning because it was not a party or related person.

The plaintiff is not well aware of the victim student, and the plaintiff is playing with his/her friendship in the neighboring green park, and only he/she has ever participated in the dispute at the time of the f's verbal dispute with the victim student.

Nevertheless, it is illegal that the fact that the other simple one has taken a heavy measure such as F that actively led the instant case to the Plaintiff, while the other simple one has violated the discretionary authority.

3. The entry in the annexed sheet of the relevant regulations is as follows.

4. Whether the part requesting revocation of the disposition of special education for guardians among the lawsuit of this case is legitimate (ex officio determination)

A. Article 17(1)5 and (3) of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”) provide for special education by an expert as one of the measures that can be taken to lead and educate aggressor students, and Article 17(9) of the same Act provides that the autonomous committee.

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