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(영문) 광주지방법원 2018.04.19 2017구합12056
학교폭력 징계처분 취소
Text

1. The Defendant’s disciplinary action against the Plaintiff on July 12, 2017 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff and J are enrolled in the first half of the second grade of the D Elementary School, and the Defendant’s supplementary intervenors are enrolled in the first grade of the D Elementary School.

B. On July 10, 2017, at the request of the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools held on July 10, 2017, the Defendant notified the Plaintiff and J of the following measures pursuant to Article 17 of the Act on the Prevention of and Countermeasures against Violence at School (hereinafter “School Violence Prevention Act”), each “written apology for victimized students, three days of service at school, three hours of special education for students, three hours of special education for students, and three hours of special education for guardians.”

(1) On May 201, 2017, the Plaintiff and the J common part of the above measure against the Plaintiff (hereinafter “instant measure”). On May 1, 2017, the Plaintiff and the J shared part of the measure, and the J met with J having contributed to the Plaintiff and J having contributed to H, while playing his role in getting off the Plaintiff and the J to go off the Plaintiff. As such, the Plaintiff left the J to go off the Plaintiff.

(2) On May 2, 2017, J partly 1 of the J met with H by a police officer in his/her corridor. On the other hand, on the other hand, he/she met with H. E, Mari-ri, Mari-ri, Mari-ri, Mari-ri, Mari-ri, Mari-ri, Mari-ri, Mari-ri, rein, and re-in, E’s son. Since then, J called “B” and son followed his/her hand.

(hereinafter referred to as "second act"). 【No dispute exists, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 4, 9, 10 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The plaintiff's assertion

A. The Defendant did not comply with the procedure in the prior notification process of the instant disposition, and the organization of the Autonomous Committee on Countermeasures against School Violence did not comply with the procedure prescribed in the School Violence Prevention Act, and the reason for the instant disposition was not presented.

(Violation of the Procedure for Disposition in this case)

The plaintiff does not have a knife with E's her buck.

(Non-existence of Grounds for Disposition of this case)

Disciplinary action taken against the plaintiff and J.

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