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(영문) 서울행정법원 2020.01.23 2019구합81032
출석정지처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

A. The defendant is the principal of the D Middle School located in Eunpyeong-gu Seoul Metropolitan Government, and the plaintiff is a student who was enrolled in the second grade of the D Middle School at the time of occurrence of the following cases:

B. From March 2019 to the end of January 2019, the Plaintiff, E, F, G, and H (hereinafter “victims”) committed an act of harming the students of multicultural families from March 2, 2019 to the end of January 2019, where the Plaintiff, E, F, G, and H (hereinafter “victims”) committed an act of referring to the Plaintiff’s name in combining the name of the victimized student and the word “bris” with the name of the victimized student and the word “bris”, and the victimized student’s name in playing other friendships, treating the victimized student in transparent manner, disregarding the victimized student or fluoring the horses.

(hereinafter referred to as “the instant case,” and the student’s act was referred to as “the instant act.” The victimized student did not drink from around that time, and did not have been absent from school since around August 2019, and was in school for three days.

C. From the end of August 2019, the question of the fact that the injured student was frightened, and the attending school did not enter the school from the end of August 2019, and the attending school of the victimized student became aware of the situation of bullying after consultation with the student.

On September 6, 2019, the Autonomous Committee on Countermeasures against School Violence (hereinafter referred to as the "Autonomous Committee") was convened.

On September 6, 2019, an autonomous committee assessed that the instant act by a student was conducted during a semester as a series of collective bullyings, and decided to impose measures on a student from the department of written apology (No. 1) to five days (No. 6) to the suspension of attendance pursuant to Article 17 of the Act on the Prevention of and Countermeasures against Violence in Schools (hereinafter “School Violence Prevention Act”) after specifying the specific act as “the cause of the measure” in the following notice.

Members of the autonomous committee shall take full charge of the plaintiff's written apology under Article 17 (1) of the same Act (No. 1), contact, intimidation, and retaliation against the plaintiff.

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