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(영문) 대전고등법원 2018.04.19 2017누14289
학교폭력재심결정 취소 등
Text

1. Revocation of the first instance judgment.

2. All of the instant lawsuits are dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. Basic facts

A. The Plaintiff and the Intervenor are students who attended D Middle Schools (hereinafter “instant middle schools”) in the second and seventh grade in 2016.

B. On December 26, 2016, the Autonomous Committee on Countermeasures against School Violence in the instant middle school (hereinafter “Autonomous Committee”) decided to request the head of the Defendant D Middle School (hereinafter “the head of the Defendant”) to request the Intervenor to take written and compulsory measures against the Intervenor pursuant to Article 17(1)1 and 8 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”). Pursuant to Article 17(3) of the School Violence Prevention Act, the period of special education was set at ten hours by the Intervenor and five hours by the guardian.

C. Accordingly, on December 29, 2016, the head of the school of the defendant and the principal notified the intervenors of the result of the autonomous committee (hereinafter “previous disposition”) pursuant to Article 17(1)1 and 8 of the School Violence Prevention Act, and notified the intervenors of the content of the notification.

1. The same shall apply to the description of the result of the autonomous committee;

An intervenor dissatisfied with the previous disposition and filed a petition for reexamination with the Mediation Committee of Disciplinary Punishment against Students of Sejong Special Self-Governing City (hereinafter referred to as the “Defendant Discipline Mediation Committee”). On February 1, 2017, the Defendant Discipline Mediation Committee rendered a decision to revoke the previous disposition by citing a petition for reexamination on the ground that the previous disposition was not defective in the procedure, but the change of schools

(hereinafter “instant decision”). E.

Accordingly, the autonomous committee opened a meeting on February 20, 2017 and decided to request the principal of the defendant to take five days of suspension of attendance against the intervenor pursuant to Article 17 (1) 6 of the School Violence Prevention Act. The principal of the defendant, on February 21, 2017, imposed five days of suspension of attendance on the intervenor pursuant to Article 17 (1) 6 of the School Violence Prevention Act.

hereinafter “instant disposition”.

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