Q
Can I appeal the education office school violence committee result?
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I recently saw a loan advertisement and called a capital company consultant. The consultant said I could accumulate transaction history and get lower interest rates, so I sent my bank account and card. A while later, the prosecution said my bank account was used for voice phishing and issued a suspension of indictment. I just delivered the bank account — do I also have to receive criminal punishment?
education office school violence committee result
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作者: 김국일
Hello. This is a school violence specialist attorney at Daeryun Law Firm.
In school violence cases, even if a decision has been made by the school violence committee, legal procedures are in place to appeal the result.
As you mentioned, if the victim student suffered long-term harassment and extortion of money but the perpetrator student only received a Level 1 disposition as a result of the education office school violence committee, there is sufficient room to consider that the severity of the disposition is significantly unreasonable compared to the facts of the case.
First, you can appeal the education office school violence committee result through filing an administrative appeal.
The Administrative Appeals Commission re-examines whether the previous judgment at the school and education support office level was appropriate, and if necessary, may strengthen the disposition of the perpetrator student or order protective measures for the victim student.
Also, if the result of the administrative appeal is also deemed unjust, you can seek revocation of the disposition through an administrative lawsuit.
At this time, through the legal review of a school violence specialist attorney, proving "deviation/abuse of discretionary authority in the disposition," "procedural illegality," and "factual misunderstanding" is key.
As for criminal proceedings, if it is clear that the perpetrator student extorted money or committed assault/threat, complaints can be filed under the Criminal Act for the crime of coercion, assault, extortion, etc.
Even if the perpetrator is a minor, if their actions are serious, the responsibility of a criminal minor (14 years of age or older) may be recognized and they may be referred to a juvenile protection trial.
Civilly, you can file a damages lawsuit.
You can claim consolation money, treatment costs, and counseling fees for the mental suffering suffered by the victim student. Not only the perpetrator student themselves, but also the parents (custodial parents) bear joint liability for breach of supervision duties.
Since such cases have a complex structure in which school/education office level procedures and administrative/criminal/civil procedures proceed in parallel, the assistance of a school violence specialist attorney is essential.
Attorneys prove the unreasonableness of the disposition based on objective materials such as school violence committee minutes, statement records, counseling records, and psychiatric medical certificates, and respond strategically to ensure that the rights of the victim student are properly reflected in retrial and litigation procedures.
In a situation like the current one, it is desirable to (1) secure the education office school violence committee result decision document and review the basis of the disposition, (2) file a request for retrial with the education office, and (3) simultaneously prepare for criminal complaints and civil damages claims.
Daeryun Law Firm provides victim-centered integrated legal services across all stages of school violence cases (school violence committee response, retrial/administrative lawsuit, criminal complaint, damages claim), and we accompany you to the end for the mental recovery of the victim student and the realization of legal justice.
Also, if necessary, we collaborate with security centers to provide security services for the victim student, so if you need help, please proceed with consultation.
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