logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2021.01.20 2020구합21427
서면사과처분 취소 청구
Text

A written apology and disposition that the Defendant rendered to the Plaintiff on October 30, 2019 shall be revoked.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff and E were enrolled in the fifth and second half of the 2019 D elementary school (hereinafter “instant school”).

B. On October 29, 2019, the Autonomous Committee on Countermeasures against School Violence (hereinafter “the instant autonomous committee”) on the ground that “the Plaintiff given stress to E by the speech that “the Plaintiff was the Franch, the right, and the franch.” (hereinafter “instant disposition cause”),” (hereinafter “the former Act on the Prevention of and Countermeasures against School Violence”) was enforced from March 1, 2020).

Pursuant to section 17(1)(1)(1), a resolution was passed on a written apology for a victim student.

(hereinafter “instant resolution”). C.

On October 30, 2019, the Defendant issued a written apology and measure against the victim student (hereinafter “instant disposition”) to the Plaintiff according to the instant resolution (hereinafter “instant disposition”).

On December 23, 2019, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Daegu Provincial Office of Education Deliberation Committee on Administrative Appeals, but the said Committee dismissed it on February 6, 2020.

【Unfounded grounds for recognition】 Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 4 through 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) procedural defect A) The instant resolution was conducted by the autonomous committee composed of the representatives of parents who are not directly elected at the parents’ conference, and the instant disposition was based on the instant resolution. Therefore, there is a defect in violation of Article 13(1) of the former School Violence Prevention Act, which requires a majority of the total members to be commissioned as the members of the parents’ representatives directly elected at the entire parents’ conference (Article 13(1) of the same Act). (B) The Plaintiff and the parents of anti-Korean students, such as the Plaintiff and E, of the instant resolution.

arrow