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Deals & Cases

Lawsuit Seeking Revocation of a Guidance Measure Disposition Imposed on a Student Offender in a School Violence Case

Gangnam School Violence Attorney | The Gangnam School Violence Attorney Who Overturned a School Violence Committee Disposition

The client of the Gangnam school violence attorney was a juvenile who had been enrolled at a school located in Gangnam. Having objections to the school violence disposition, the client sought the assistance of a school violence attorney.

CONTENTS
  • 1. The Client Who Came to the Gangnam School Violence Specialist Attorney
    • - The Case as Reviewed by the Gangnam School Violence Attorney
    • - Administrative Litigation Contesting the School Violence Committee Result
  • 2. The Gangnam School Violence Specialist Attorney's Strategy
    • - The Assistance Provided by the Gangnam School Violence Attorney
  • 3. A Favorable Judgment With the Help of the Gangnam School Violence Specialist Attorney
    • - The Court's Decision

1. The Client Who Came to the Gangnam School Violence Specialist Attorney

The client, who decided to raise an objection through school violence administrative litigation together with the Gangnam school violence specialist attorney, came to Daeryun.

According to the client, at the time of the incident the client was joking around with a female student in the same class at the Gangnam school, and as the joking grew more intense, the two lightly pushed each other.

During this, the female student fell, and she reported the client for school violence.

The client then came to Daeryun to obtain the assistance of the Gangnam school violence attorney.

The Case as Reviewed by the Gangnam School Violence Attorney

The client in this case was enrolled at the Gangnam school, and the client frequently joked around with a female student in the same class.

On the day of the incident, the joking began no differently from usual.

The joking, which started as banter, grew more intense to the point that the two lightly pushed each other.

In the midst of this, the female student fell, and according to the account, the client teased her after she fell.

The angered female student reported the client for school violence.

As a result, the client was identified as a school violence offender and received dispositions such as community service and completion of special education from the Gangnam school School Violence Countermeasures Deliberation Committee.

Having received the disposition unfairly, the client came to Daeryun's Gangnam school violence attorney to raise an objection through Gangnam school school violence administrative litigation.

Administrative Litigation Contesting the School Violence Committee Result

First, let us review the statutes related to school violence.

  • Act on the Prevention of and Countermeasures against School Violence, Article 17-3 (Administrative Litigation)

(1) A victim student or the student's guardian who has an objection to a measure taken by the superintendent of education under Article 16 (1) and Article 17 (1) may file administrative litigation under the "Administrative Litigation Act."

(2) An offending student or the student's guardian who has an objection to a measure taken by the superintendent of education under Article 17 (1) may file administrative litigation under the "Administrative Litigation Act."

(3) The superintendent of education shall notify the victim and offending students or their guardians and the schools to which the victim and offending students belong of the fact that administrative litigation under paragraphs (1) and (2) has been filed, and shall provide written guidance on matters concerning participation in the litigation under Article 16 of the "Administrative Litigation Act."

(Period for filing : The action must be filed within 90 days from the date on which the party became aware of the disposition, and may not be filed after 1 year has passed from the date of the disposition. (Where administrative litigation is filed after an administrative appeal, the period is calculated from the date on which the certified copy of the written ruling on the administrative appeal was served.))

(Types : revocation litigation, litigation to confirm invalidity and the like, litigation to confirm illegality of an omission)

2. The Gangnam School Violence Specialist Attorney's Strategy

The Gangnam school violence specialist attorney reviewed the case closely and developed a strategy to clear the client of the unfair accusation of having committed school violence so that the client could return to school life.

The Assistance Provided by the Gangnam School Violence Attorney

So that the client could promptly be relieved of the unfair situation and return smoothly to school life, Daeryun's Gangnam school violence specialist attorney defended the client by raising the following points.

  • The client had never directly committed any violence against the other student (the female student).

  • The other student (the female student) made the client into a school violence offender through malicious false statements.

  • The members of the Gangnam school School Violence Deliberation Committee treated it as a settled fact that the client was the offending student, created an atmosphere of pressing the client over the client's fault, and reached their decision without giving the client a sufficient opportunity to state an opinion.

3. A Favorable Judgment With the Help of the Gangnam School Violence Specialist Attorney

With the help of Daeryun's Gangnam school violence specialist attorney, the client was able to obtain a favorable judgment in the school violence administrative litigation.

The Court's Decision

In the Gangnam school school violence administrative litigation in this case, the court ruled in favor of the client.

The court accepted the arguments of Daeryun's Gangnam school violence specialist attorney.

The court rendered a decision that "all of the community service and special student education completion dispositions imposed by the defendant on the client are revoked."

It also ordered that the defendant pay the full litigation costs.

With this, the client obtained a favorable judgment in the Gangnam school school violence administrative litigation, was relieved of the unfair situation, and was able to return to school life.

The client expressed gratitude for being able to return to an untroubled daily life with Daeryun's assistance.

[강남학교폭력변호사 승소] 학폭위 처분 취소한 대륜 강남학교폭력변호사

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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