"Inappropriate Behavior but Difficult to Recognize Contagiousness or Performability"

The court ruled to cancel the disciplinary action against a high school student who was labeled as a school violence perpetrator for speaking ill of a friend's parents.

The court ruled to cancel the disciplinary action against a high school student who was labeled as a school violence perpetrator for speaking ill of a friend's parents.

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[Asia Economy Reporter Kang Woo-seok] The court ruled to cancel the disciplinary action against a high school student who was punished as a school violence perpetrator for speaking ill of a friend's parent.


The Daegu District Court's 1st Administrative Division (Chief Judge Cha Kyung-hwan) announced on the 6th that it ruled in favor of high school student A in a lawsuit filed against the Gyeongbuk Uljin Office of Education Superintendent to cancel the disciplinary action for school violence perpetration.


In June of last year, student A was talking with classmate B at school and spoke ill of C's mother. Later, C heard about this from B and reported A as a school violence perpetrator.


The School Violence Countermeasure Deliberation Committee, based on the School Violence Prevention Act, judged that A's behavior constituted school violence and ordered a written apology. In response, A's side argued that "there was no intention for C to hear the story, and it was not an act intended to cause direct mental or property damage," claiming that the act should not be considered school violence.


The court stated, "Although the plaintiff's insulting remarks about the mother in the absence of the victim student were highly inappropriate behavior," it judged that "since the remarks were made in a private conversation between the two in a non-public place, it is difficult to recognize the possibility of dissemination or publicity."



Furthermore, the court added, "Even if the plaintiff's remarks fall under school violence according to the School Violence Prevention Act, considering the circumstances of the incident and the disadvantages the plaintiff would suffer from the disciplinary action, the disciplinary action is illegal as it constitutes an abuse or deviation of discretion."


This content was produced with the assistance of AI translation services.

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