Q
Is there a way to cancel school violence discipline?
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Hello. I'm a mother of a high school child. My son has been continuously suffering from school violence, so we filed a report, but he's been afraid of retaliation and hasn't gone to school for several days... Looking into it, I saw that Daerun has a security system for school violence victims — can high school students also receive security? Or is it only for adults?
school violence discipline
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作者: 김국일
Hello. This is a Daeryun Law Firm school violence specialist attorney.
Even if you have received a school violence disciplinary disposition, there are procedures available to challenge the decision of the School Violence Countermeasures Deliberation Committee, so depending on the circumstances or evidence of the case, cancellation or reduction of discipline is possible.
To challenge school violence discipline, you can respond through methods such as filing an administrative trial or filing an administrative lawsuit.
When you have received an unfair school violence discipline, you must first carefully review the decision document and supporting materials of the School Violence Countermeasures Deliberation Committee.
If your child's statement was not sufficiently reflected during the deliberation process, or if the school did not go through objective fact verification procedures, this constitutes a procedural defect and can be grounds for canceling the discipline.
Also, if the judgment of the School Violence Countermeasures Deliberation Committee differs from the facts or is not supported by evidence, you can file an administrative trial or administrative lawsuit on the grounds of misidentification of facts.
School violence specialist attorneys provide assistance in such procedures in the following ways.
First, they prove actual involvement through digital forensic analysis or review of group chat records.
Second, by submitting school life records, teacher statements, grade/attendance materials, etc. that prove the child's usual behavior, they highlight the student's character and sincerity.
Third, they review whether the disciplinary notice from the School Violence Countermeasures Deliberation Committee meets the legally required reason-stating requirements.
If the reason for the disposition is not clearly stated in the notice, this may be judged as an illegal disposition.
In addition, if there is a need to immediately suspend the disciplinary effect, the disadvantage to the student's school life can be temporarily prevented through filing an injunction for suspension of execution before filing an administrative lawsuit.
Especially for middle school students, since even community service dispositions remain on internal grades and life records, the injunction is a very important procedure.
Lastly, for cancellation of discipline, response centered on legal grounds and objective evidence is key, rather than emotional appeals.
School violence specialist attorneys go beyond merely claiming injustice; they comprehensively review actual administrative procedural defects, evidence analysis, and legal interpretation to proceed with the lawsuit for cancellation of school violence disciplinary disposition.
Since the direction of initial response in school violence cases determines the outcome, we recommend promptly securing related materials and taking legal procedures together with a school violence specialist attorney.
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