▲ Busan District Court Eastern Branch
A court has ruled that the expulsion of a high school student who subjected his ex-girlfriend to unwanted physical contact and assault, cursed at a teacher who reprimanded him, and damaged school property is justified.
The 1st Civil Division of the Busan District Court Eastern Branch (Presiding Judge Lee Jae-chan) announced today (September 14) that it has dismissed a lawsuit filed by high school student A seeking to nullify his expulsion against the school foundation.
The Busan high school that student A attended issued the expulsion following a review by the disciplinary committee in September of last year.
According to the ruling, student A engaged in unwanted physical contact with a former girlfriend and assaulted or cursed at her when she resisted.
He also reportedly cursed in front of teachers, including the head of student affairs who was reprimanding him, and punched and broke a school window.
It was confirmed that student A had already received five suspensions prior to the expulsion.
After his expulsion, he requested a retrial by the Busan Metropolitan City Office of Education Student Disciplinary Mediation Committee, but the request was denied on the grounds that "there is little room for improvement and the degree of remorse is minimal, despite progressive disciplinary measures and repeated guidance."
Student A argued that expulsion is a last resort that deprives him of the right to education and learning rights, and that the school did not provide sufficient opportunities for reflection and improvement. He claimed the measure was an abuse of discretionary power, arguing that the disadvantages he would suffer far outweighed the benefits of maintaining school order through the punishment.
However, the court stated, "What measures a principal should take against a student who violates school rules falls under discretionary action." It added, "Considering the purpose of relevant laws, such as protecting victimized students and teachers, and guiding and educating the perpetrator, disciplinary measures taken for educational purposes by a school principal, who is an education expert, after deliberation by an internal review body, should be respected as much as possible."
The court further ruled, "Student A had violated school rules numerous times, including receiving five suspensions before the expulsion, and the nature of his misconduct is not light." It concluded, "It is difficult to view the expulsion as objectively and clearly unjust, or as an abuse or overreach of disciplinary discretion."
(Photo: Yonhap News)
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