logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2020.05.22 2019누12431
전학처분취소 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the Plaintiff sought confirmation of non-existence of a disciplinary action that the Defendant issued according to the review decision of the Regional Committee on Countermeasures against School Violence in Gwangju Metropolitan City on November 8, 2018 and the Defendant sought confirmation of invalidity of the decision of November 16, 2018 against the Plaintiff in the form of simple annexation. The first instance court accepted only the part of the “Defendant’s claim for confirmation of non-existence of a disciplinary action that the Defendant issued according to the review decision of the Local Committee on Countermeasures against School Violence in Gwangju Metropolitan City on November 8, 2018.”

As to the claim for confirmation of absence, the defendant who lost in the first instance court did not appeal, was excluded from the scope of the adjudication of this court.

Therefore, the scope of this Court’s adjudication is limited to the claim for confirmation of invalidity of “the defendant’s attendance on November 16, 2018 against the plaintiff (7 days of suspension of attendance under Article 17(1)6 and 8 of the Act on the Prevention of and Countermeasures against Violence in Schools, 3 hours a day of completion of the student special education under Article 17(3), 5 hours a day of completion of the student special education under paragraph (9).”

2. Details of the disposition;

A. In 2018, the Plaintiff was enrolled in the second and sixth grade of the D elementary school with the Defendant’s Intervenor (hereinafter “ Intervenor”).

B. After the completion of the curriculum on September 12, 2018, the Plaintiff: (a) led the Intervenor to an empty space between the cleaning tool behind the classroom and the wall and sealed it in that space on the ground that the Intervenor was “the Intervenor was playing his/her own” in the classroom around 11:30 hours, which is a break time.

Although the intervenor escaped and went back to the lurb in front of the classroom, the plaintiff, K, and J again put the intervenor in a cleaning tool, closed the cleaning tool box, and prevent the cleaning tool box by combining H and I.

The plaintiff put a broom in the hand of the cleaning tool box in brooms so that the intervenor may not leave the cleaning tool.

(hereinafter referred to as “cleaning case”). (c)

D Elementary School Violence Autonomy Committee (hereinafter referred to as the "Self-Governing Committee for Countermeasures against School Violence").

arrow