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(영문) 의정부지방법원 2019.10.29 2018구합16968
학교폭력가해학생처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff and E (hereinafter referred to as “victim students”) are students who were enrolled in the first and third classes of D middle schools in the year of 2018.

D. On November 6, 2018, the Autonomous Committee on Countermeasures against School Violence (hereinafter referred to as the “Autonomous Committee”) passed a resolution on contact with the Plaintiff and reported or accused students, prevention of retaliation, special education by internal and foreign experts, or psychological treatment (five hours) (hereinafter referred to as the “resolution of this case”) pursuant to Article 17(1)2 and 5 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter referred to as the “Disciplinary Reason”).

On November 12, 2018, the Defendant issued to the Plaintiff a contact with the victim student and reported or accused student, a ban on intimidation and retaliation, a special education completion by an internal or external expert, or a disposition of psychological treatment (hereinafter “instant disposition”).

[Grounds for recognition] Facts without dispute, Gap's evidence Nos. 1, 2, 6, and Eul evidence Nos. 5 through 8 (including provisional numbers; hereinafter the same shall apply), and the purport of the whole argument of the disposition of this case as to the legitimacy of the disposition of this case, the procedural illegality of the plaintiff's claim as to the legitimacy of the disposition of this case should be directly elected at the general meeting of parents. However, in 2017, the family correspondence letter notifying the general meeting of the parents did not state the contents concerning the election of the members of the autonomous committee for the two-year term of office at the general meeting of parents. Thus, there is a defect in the organization of the autonomous committee.

D Middle School Vice-President F, Department of Student Safety and Human Rights G are in this case.

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