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Deals & Cases

Lawsuit seeking revocation of a school violence disciplinary action

Juvenile School Violence Defense Case | Revocation of a Disciplinary Action Against a Juvenile Subjected to a School Violence Disciplinary Action

This is a case in which a client who had received a disciplinary action from the School Violence Committee in a juvenile school violence case received the assistance of an attorney specializing in school violence and, after filing an administrative lawsuit, had the disposition revoked.

CONTENTS
  • 1. The Client Involved in a Juvenile School Violence Case
    • - Background of the School Violence Case
  • 2. The Strategy for Revoking the Juvenile School Violence Disposition
    • - Proceeding With the Application for a Stay of Execution
    • - Analysis of the Credibility of the Victim Student's Statements
    • - Review of the Statement Materials of the Reported Students
  • 3. Result of the Lawsuit to Revoke the Juvenile School Violence Disposition: 'Revocation'
    • - Types of School Violence Disciplinary Actions
    • - Objections to School Violence Measures
  • 4. If You Need the Assistance of a Juvenile School Violence Specialist
    • - School Violence-Related FAQ

1. The Client Involved in a Juvenile School Violence Case

The client involved in the juvenile school violence case was a high school student who, after receiving a School Violence Committee disposition, came to Daeryun's attorney specializing in school violence together with the student's parents and requested assistance.

Background of the School Violence Case

The victim student claimed that the client and other friends had mocked the student and repeatedly ridiculed the student, and reported several students for school violence.

During the subsequent investigation, the client truthfully stated that the client had never engaged in bullying, but the client nonetheless received a disciplinary action from the School Violence Committee.

In response, the client came to Daeryun together with the client's parents and, appealing to a sense of injustice, stated, "I never engaged in bullying, and I was not even part of the group that did the bullying," and requested assistance with a lawsuit to revoke the disposition.

Background of the Juvenile School Violence Defense Case

2. The Strategy for Revoking the Juvenile School Violence Disposition

Establishing the Strategy for Revoking the Juvenile School Violence Disposition

Before filing the lawsuit to revoke the juvenile school violence disposition, the school violence attorney reviewed the case around the following key issues.

▶ Whether the victim student's statements were consistent and specific

▶ Whether there was objective evidence as to whether the client actually took part in the harmful conduct

▶ Whether there was any procedural defect or mistake of fact in the School Violence Committee's decision-making process

Proceeding With the Application for a Stay of Execution

The attorney specializing in school violence reviewed the possibility that, if the School Violence Committee's disposition were executed immediately, the client could suffer irreparable disadvantages such as effects on the client's academic grades and the entry in the student record.


Accordingly, separately from the lawsuit to revoke the disposition, the attorney filed an application for a stay of execution and specifically substantiated to the court a request to suspend the effect of the disposition until the judgment on the merits.


In that process, the attorney emphasized the necessity of a stay of execution on the basis that there were procedural problems with the School Violence Committee's disposition and a dispute as to the facts.

Analysis of the Credibility of the Victim Student's Statements

The attorney specializing in school violence focused on and closely reviewed the circumstances in which the victim student, in the initial statement, identified several students other than the client as perpetrators, and then later changed the statement to 'all of them' in the course of specifying the perpetrating students.


After comparing and organizing the times at which the statements were made, the content of the questions asked at those times, and the manner of expression used, the attorney pointed out that the client had been included while the victim student was unable to clearly identify the perpetrators.


On this basis, the attorney constructed the possibility of a mistake in the victim student's memory and the lack of consistency in the statements as key issues and reflected them in the lawsuit.

Review of the Statement Materials of the Reported Students

The attorney specializing in school violence secured the written statements of all the reported students and cross-reviewed each item of their content.

As a result, the attorney systematically established that there was no statement at all to the effect that the client's name was mentioned or that the client had taken part in the harmful conduct.

On this basis, the attorney pointed out that the School Violence Committee had judged the client to be a perpetrator without objective evidence and argued that the disposition was unlawful.

3. Result of the Lawsuit to Revoke the Juvenile School Violence Disposition: 'Revocation'

After comprehensively reviewing the related materials, such as the brief submitted by the school violence attorney to revoke the juvenile school violence disposition, the court rendered a judgment revoking the school violence disposition

▶ The possibility could not be ruled out that the plaintiff was wrongly identified due to a mistake in memory and was reported for school violence

▶ The plaintiff consistently denied the allegations from the school violence reporting stage

▶ The other perpetrating students also stated to the effect that the plaintiff had not engaged in any ridicule

Types of School Violence Disciplinary Actions

A school violence disciplinary action does not stop at simple guidance on conduct, but, through the entry in the student record, can have a direct impact on university admission and future career paths.

In particular, because a record of a school violence measure has recently often been reflected as an important evaluation factor in the university admissions process, the initial response and the management of the severity of the disposition are more important than anything else.

Category

Measure

Summary of Main Content

No. 1

Written apology

A measure to apologize to the victim student in writing

No. 2

Prohibition of contact, threats, and retaliation

Prohibition of approaching or contacting the victim student

No. 3

School service

Imposition of in-school service activities

No. 4

Community service

Imposition of out-of-school community service activities

No. 5

Completion of special education or psychological treatment

Education or treatment for the purpose of preventing and improving school violence

No. 6

Suspension of attendance

Restriction of school attendance for a certain period

No. 7

Change of class

Change of the class to which the student belongs

No. 8

Transfer

A measure to transfer the student to another school

No. 9

Expulsion

Removal from the school (applicable to high school students only)

Objections to School Violence Measures

As with the client in the above case, where one objects to a measure of the School Violence Countermeasures Deliberation Committee, one can contest the unlawfulness or impropriety of the disposition through an administrative appeal or an administrative lawsuit.


Both an administrative appeal and an administrative lawsuit have strictly defined filing periods, and missing them limits the very opportunity to contest the disposition.


In addition, because a separate application for a stay of execution is required in order to immediately halt the effect of the disposition, a prompt legal response from the initial stage is important.

4. If You Need the Assistance of a Juvenile School Violence Specialist

Summary of the Need for the Assistance of a Juvenile School Violence Specialist

In connection with juvenile school violence cases, Daeryun Law Firm clarifies the direction of the response from the initial stage of a school violence case by organizing the facts and establishing a statement strategy.


In the School Violence Committee proceedings, the firm reviews whether the investigation process was unlawful or improper, and, where an unfavorable decision has been made against the client, responds systematically up to the administrative appeal and administrative lawsuit.


In addition, through collaboration with its own attorneys specializing in administrative law, the firm proceeds with the application for a stay of execution, the preparation of briefs, and the organization of evidence, focusing on contesting the effect of the disposition.

If, like the client above, you wish to object to a school violence disposition, 🔗scheduling a legal consultation, through which you may request our assistance.

School Violence-Related FAQ

Q. Is a revocation lawsuit possible even for a relatively minor disposition, such as a No. 1 juvenile school violence disposition?

A. Regardless of the severity of the disposition, revocation can be sought if there is a mistake of fact or a procedural defect, and considering the impact on a career path, the initial response is important.

In particular, even a No. 1 disposition may remain as a record in which the fact of school violence is officially acknowledged, so if disadvantages are anticipated, it is advisable to obtain a legal review.


Q. If a juvenile school violence administrative lawsuit is filed, does the effect of the disposition stop immediately?

A. To suspend the effect of the disposition, a separate application for a stay of execution is required, and the effect of the disposition is suspended only if the court grants it.

If the stay of execution is not granted, the disciplinary action may be executed as is even while the lawsuit is ongoing, so a prompt application and sufficient substantiation are important.

청소년학교폭력

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.

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