Can I appeal the result of the Office of Education's school violence committee?

Hello. This is a school violence attorney at Daeryun Law LLC.

In a school violence matter, even after the school violence committee has made its decision, there are legal procedures available for appealing that result.

As you describe, if the victimized student suffered prolonged bullying and extortion of money and goods and yet, as the result of the Office of Education's school violence committee, the perpetrating student received only a No. 1 disposition, there is ample room to view the severity of the disposition as markedly unreasonable relative to the facts.

First, you can appeal the Office of Education's school violence committee result by filing an administrative appeal.

The Administrative Appeals Commission re-examines whether the judgment at the existing school and district office of education level was appropriate and, if necessary, may order that the perpetrating student's disposition be strengthened or that protective measures for the victimized student be taken.

In addition, if even the administrative appeal result is judged to be unjust, you can seek revocation of the disposition through administrative litigation.

In this case, the key is to prove, through a school violence attorney's legal review, a deviation from or abuse of discretion in the disposition, procedural illegality, and a misapprehension of the facts.

As for criminal proceedings, if it is clear that the perpetrating student extorted money and goods or committed assault or intimidation, a complaint can be filed for offenses under the Criminal Act such as coercion, assault, and extortion.

Even if the perpetrator is a minor, if the conduct is serious, the responsibility of a criminal minor (aged 14 or older) is recognized, and the case may be referred to a juvenile protection trial.

Civilly, you can file a claim for damages.

You can claim consolation money for the emotional suffering the victimized student endured, as well as treatment costs and counseling costs, and not only the perpetrating student but also the parents (persons with parental authority) bear joint liability on the ground of a breach of their duty of supervision.

Because such a case has a complex structure in which the school and Office of Education procedures run in parallel with administrative, criminal, and civil procedures, the assistance of a school violence attorney is important.

Based on objective materials such as the school violence committee minutes, statement records, counseling records, and psychiatric diagnoses, an attorney proves the unreasonableness of the disposition and responds strategically so that the victimized student's rights and interests are properly reflected in the re-examination and litigation procedures.

In a situation like the present one, it is advisable to ① secure the written decision on the Office of Education's school violence committee result and review the basis for the disposition, ② simultaneously request re-examination by the Office of Education, and ③ prepare a criminal complaint and a civil claim for damages in parallel.

Daeryun Law LLC provides victim-centered, integrated legal services across all stages of a school violence case (responding to the school violence committee, re-examination and administrative litigation, criminal complaints, and claims for damages), and accompanies you to the end for the victimized student's psychological recovery and the realization of legal justice.

In addition, if necessary, we also provide security services for the victimized student in collaboration with our security center, so if you need help, we recommend arranging a consultation.