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(영문) 대구지방법원 2019.11.21 2019구합22936
학교폭력 가해학생 조치 처분 및 선도위원회 출석정지 처분 취소 청구
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff (the Plaintiff, in 2005, in female) is a student attending the second grade of the D secondary school, who is a public school.

B. On October 25, 2018, the first grade of the Plaintiff: (a) on December 3, 2018, the date of the sports competition, the Plaintiff refused to comply with the direction of a teacher in charge of removing cremation on the day of the sports competition; (b) did not follow the direction of a teacher in charge of taking large sounds in classrooms and corridors; and (c) held a meeting on November 1, 2018; (d) recognized the Plaintiff’s above acts as “where a teacher uses abusive language,” and (e) decided to suspend attendance by taking into account the Plaintiff’s reflectivity, etc.; and (e) determined that the date of commencement shall be determined by the student department and notified the Plaintiff, etc.

3) On December 3, 2018, the Defendant notified the Plaintiff of the result of the leading commission’s recommendation with the following content (hereinafter “instant Disposition 1”).

() Five (5) days of the suspension of attendance (from December 10, 2018 to December 14, 2018) - The reasons for the measure of the suspension of attendance - the teachers failing to comply with the instructions given by the teachers to erase cremation - the classrooms and corridor - the teachers sent back to the school room for guidance, but did not comply with the directions - the teachers sent to the school room for instruction - the teachers under Article 33 (4) 4 of the Student Life Regulations, showing the attitude of recognizing and opposing the wrongness, and causing physical violence and verbal abuse to the teachers under Article 33 (4) 4 of the Student Life Regulations in the Forestry Promotion Regulation, the Plaintiff filed an administrative appeal seeking the revocation of the first disposition, etc. of the instant disposition with the Office of Education of the Standing Provincial Provincial Office of Education on February 11, 2019, but the Office of Education of the Gyeonggi-do Provincial Office of Education dismissed the Plaintiff’s claim on March 29, 2019.

C. A measure taken against an aggressor student in school violence in April 22, 2019 (as of September 13:00 on September 18, 2018) Plaintiff (as of September 13:6, 201) intends to retire from the clothes of the victim student (as of January 6, 201), together with E (as of September 2, 201), at the class of the first and sixth class of the first grade, around September 13:00.

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