법원의 학교폭력 관련 주요 판결문 분석

Abstract

In order to strictly cope with the government’s school violence behavior, the implementation of procedures for dissatisfaction with school violence measures is increasing. As the lawsuit for requesting the disposition of the perpetrator’s school violence measures began in earnest, the cancellation of the disposition was cited, and there are cases in which it is difficult to guarantee human rights such as secondary damage to the victim. Therefore, this study focused on administrative litigation during the objection procedure, collected 35 cases searched for school violence from the list of major judgments of courts nationwide on the Korean court website, and selected 6 rulings from 2020 to 2023 when the School Violence Prevention Act was revised, excluding 7 rulings not related to school violence. The court’s judgment was analyzed in which the plaintiffs, the perpetrator and the defendant, the school/educational office, concluded sharp issues and issues on the school violence issue. As a result of the analysis of the judgment, the following conclusions can be drawn. First, the perpetrator, the plaintiff, files an administrative lawsuit for the purpose of canceling the disposition of school violence and deleting the school life record, and the defendant’s school and the Office of Education prepare for the plaintiff’s claim based on the legitimacy of the cancellation of the disposition. Second, as related laws that judge school violence, the court applies the School Violence Prevention Act, the Administrative Procedure Act, the Enforcement Decree of the School Violence Prevention Act, and the notification of detailed standards for each measure of school violence perpetrators. Third, the main issues in school violence cases where the perpetrator and the school/educational office are at odds are the issue of school violence establishment, the issue of deviation and abuse of discretionary power to dispose of school violence, and the issue of procedural legitimacy. Fourth, the court considers the circumstances and circumstances of the incident, the boundaries of the expanded interpretation of school violence, the respect for educational discretion, the grounds for regulation, and the proper balance of social conventional wisdom on measures, and the legitimate election and meeting procedures of the school violence-related committee.