CONTENTS
- 1. School Violence Administrative Appeal | Case Details
- 2. School Violence Administrative Appeal | Assistance Provided by the Administrative Law Attorney
- - Securing CCTV Footage and Reconstructing the Facts
- - Proof of Remorse and Corrective Efforts
- - Demonstrating the Isolated Nature of the Incident and the Absence of Any Likelihood of Recurrence
- - Argument That the Transfer Measure Was Excessive
- 3. School Violence Administrative Appeal | Case Result
- - Criteria for Assessing School Violence Discipline
- - Disciplinary Levels for School Violence
- 4. School Violence Administrative Appeal | Procedure
- - Key Response Points for a School Violence Offender
- - The Need for the Assistance of an Administrative Law Attorney
1. School Violence Administrative Appeal | Case Details
Let us look at the account of a client who came to an administrative law attorney to respond to a school violence administrative appeal.
The client, a student in the second year of middle school, became caught up in intense emotion during an argument with a friend, grabbed the friend's neck and used abusive language, and after seizing the friend by the back of the collar as the friend tried to flee, made a gesture of throwing a knife. The matter was received as a school violence case.
The School Violence Countermeasures Deliberation Committee judged this conduct to constitute assault and intimidation and imposed a measure of ‘prohibition of contact, intimidation, and retaliatory conduct.’
However, the victim's side argued that this measure was excessively lenient and filed a school violence administrative appeal with the Office of Education's Administrative Appeals Commission, demanding a transfer disposition.
The client deeply regretted the conduct, but felt great anxiety at the news that a transfer measure could be imposed even though no actual harm had occurred and the incident ended in a single confrontation.
Accordingly, the client decided to retain an administrative law attorney and respond actively at the school violence administrative appeal stage.
2. School Violence Administrative Appeal | Assistance Provided by the Administrative Law Attorney
The administrative law attorney closely analyzed the circumstances of the incident and the evidence, and prepared a strategic response so that the Administrative Appeals Commission could assess the proportionality and appropriateness of the disciplinary measure.
Securing CCTV Footage and Reconstructing the Facts
After obtaining and analyzing the CCTV footage submitted by the school, the administrative law attorney established that the client's conduct was not a one-sided assault but a momentary clash that occurred in the course of a mutual argument.
The attorney also emphasized that the victim did not in fact sustain any bodily injury and that the conduct was neither premeditated nor repeated violence.
Proof of Remorse and Corrective Efforts
The client consistently attended psychiatric counseling and psychological therapy after the incident, putting his remorse into practice.
The administrative law attorney submitted the related medical records and treatment certificates to prove this.
Demonstrating the Isolated Nature of the Incident and the Absence of Any Likelihood of Recurrence
The administrative law attorney demonstrated that this incident was a single, accidental act, that there had been no prior friction or conflict with the victim, and that there was no sign whatsoever of recurrence thereafter.
In addition, by establishing that parental guidance and the school's mentoring activities were being carried out, the attorney highlighted the high likelihood that the student could be corrected.
Argument That the Transfer Measure Was Excessive
The administrative law attorney cited the Daejeon High Court judgment 2024Nu10896, presenting as grounds the holding that “when imposing a serious measure such as a transfer on a student in the course of compulsory education, caution is required, and if objective and subjective mitigating grounds for the conduct exist, doubt may arise as to the lawfulness of a transfer disposition.”
Through this, the attorney logically emphasized that, at the administrative appeal stage, a transfer measure would be excessive in legal and proportionate terms.
With this assistance, the Administrative Appeals Commission was able to comprehensively consider the facts of the case, the degree of remorse, the likelihood of recurrence, and the efforts made to remedy the harm.
3. School Violence Administrative Appeal | Case Result
As to the claim raised by the victim's side, the Administrative Appeals Commission determined that “the level of disciplinary measure had already been imposed appropriately, and a transfer measure would be excessive.”
As a result, the victim's claim was dismissed, and the client was able to continue his studies at his original school.
In preparation for the possibility that the victim may subsequently file administrative litigation, the client is preparing an additional response plan with the continued assistance of the administrative law attorney.
Criteria for Assessing School Violence Discipline
For school violence discipline, the school's dedicated body conducts an investigation and sends a report to the Office of Education's School Violence Countermeasures Deliberation Committee, which then assigns points according to set criteria and determines the level of discipline.
(1) Basic Assessment Criteria
· Persistence of the school violence: whether it was repeated, and its duration and frequency
· Intentionality of the school violence: whether it was premeditated, and whether it continued despite the teacher's guidance
· Degree of remorse: cooperation in giving statements, change in attitude, and whether an apology was made
· Degree of reconciliation: whether a settlement was reached, the existence of a criminal complaint or accusation, and efforts to restore the relationship with the victim
(2) Additional Assessment Criteria
· Whether the harmed student has a disability
· The effectiveness and educational impact of the discipline
Disciplinary Levels for School Violence
School violence disciplinary measures are classified into nine levels, from Level 1 to Level 9, and the level varies according to the score.
Disciplinary Level | Content | Score | Remarks |
Level 1 | Written apology | 1 to 3 points | Minor matter |
Level 2 | Prohibition of contact, intimidation, and retaliation | As needed | For the protection of the victim |
Level 3 | In-school service | 4 to 6 points | Service activities within the school |
Level 4 | Community service | 7 to 9 points | External service at public institutions and the like |
Level 5 | Completion of special education and psychological treatment | As needed | For corrective purposes |
Level 6 | Suspension from attendance (5 to 10 days) | 10 to 12 points | Grade retention possible |
Level 7 | Class transfer | 13 to 15 points | Transfer to another class within the same school |
Level 8 | School transfer | 16 to 20 points | Compulsory school transfer measure |
Level 9 | Expulsion (limited to high school students) | 16 to 20 points | The most severe disciplinary measure |
4. School Violence Administrative Appeal | Procedure
If you wish to contest a school violence disciplinary measure, you may apply for remedy through the following procedure.
· Filing an administrative appeal (Office of Education)
Filed within 90 days from the date of receiving notice of the disposition
Submitted on grounds such as the unfairness of the disciplinary measure, procedural illegality, and violation of the principle of proportionality
· Filing an administrative litigation (court)
If you contest the result of the administrative appeal, you may file litigation within 90 days
The court reviews the legality of the disciplinary measure and whether discretionary power was abused
If the facts, proportionality, and legal grounds are clearly established at the administrative appeal stage, it may be possible to prevent escalation to a more severe disciplinary measure or to obtain revocation of the disciplinary measure.
Key Response Points for a School Violence Offender
A student identified as a school violence offender must prepare the following at an early stage.
· Efforts toward reconciliation with and apology to the victim
· Submission of a letter of reflection and records of parental guidance activities
· Preparation of materials documenting psychological counseling and completion of special education
Such materials serve as key evidence demonstrating the potential for guidance and the will to correct one's conduct at the School Violence Committee and administrative appeal stages.
The Need for the Assistance of an Administrative Law Attorney
School violence disciplinary measures and administrative appeals involve a legal structure that is too complex for a student or guardian to handle alone, and the manner of presenting legal arguments and submitting evidence is demanding.
When an administrative law attorney and a school violence attorney work together, the client can obtain substantive remedy through processes such as analyzing the case record and constructing the logic of the defense, preparing the administrative appeal petition and evidentiary documents, rebutting the victim's claims and presenting precedent-based grounds, and establishing a strategy in preparation for future administrative litigation.
In addition, our firm, through cooperation with a criminal law attorney, also prepares countermeasures in preparation for the possibility that the victim may later pursue a criminal complaint.
To prevent excessive dispositions such as school transfer or suspension from attendance in a school violence administrative appeal, the initial response and the design of the legal argument play a decisive role.
As in the client's case, if the attitude of reflection and the potential for guidance are objectively established, and the response is grounded in legal principles and evidence, it is possible to prevent severe disciplinary dispositions such as school transfer or expulsion.
Accordingly, if you are considering a procedure to contest a school violence case, preparing a prompt and systematic response with the assistance of an administrative law attorney is a wise choice.
If you need assistance, please proceed with a 🔗legal consultation reservation with Daeryun Law Firm.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
