CONTENTS
- 1. The Client Who Visited the Ulsan Law Firm
- - How the Client Came to the Ulsan Law Firm
- 2. Statutes Related to the Case Explained by the Ulsan Law Firm
- 3. Assistance Provided by the Ulsan Law Firm
- - Ulsan Law Firm Emphasizes the Absence of Intent in the Client's Conduct
- - Ulsan Law Firm Emphasizes That the Client Is Reflecting on the Conduct
- - Ulsan Law Firm Emphasizes Problems with the Decision of the School Violence Committee
- 4. The Court's Decision on the Ulsan Law Firm's Arguments
- - If You Need the Assistance of the Ulsan Law Firm
1. The Client Who Visited the Ulsan Law Firm
The Ulsan law firm was visited by a client who was implicated in a school violence charge and received a school violence disposition.
The client believed that the disposition imposed was excessive and, with the assistance of an attorney specializing in this field, wished to obtain a stay of execution of the disposition, and came to the Ulsan law firm.
How the Client Came to the Ulsan Law Firm
The client in this case is a high school student attending the same school as the other student involved.
Although the client and the other student were in different classes, they had been on friendly terms because they attended the same academy.
One day, the client and the other student had an argument, after which their relationship grew distant.
In an effort to restore the relationship with the other student, the client continued to play around with that student.
Even though the other student warned the client to stop, the client touched the student's cheek and used profanity.
The other student reported the client for school violence, and the client received a school violence disposition.
The client believed that the disposition imposed was excessive and, in order to obtain a stay of execution of the disposition, came to the Ulsan law firm.
2. Statutes Related to the Case Explained by the Ulsan Law Firm
Act on the Prevention of and Countermeasures against Violence in Schools, Article 17-3 (Administrative Litigation)
(1) A victimized student or the student's guardian who objects to a measure taken by the superintendent of education under Article 16 (1) and Article 17 (1) may file an administrative lawsuit under the “Administrative Litigation Act.”
(2) A perpetrating student or the student's guardian who objects to a measure taken by the superintendent of education under Article 17 (1) may file an administrative lawsuit under the “Administrative Litigation Act.”
(3) The superintendent of education shall notify the victimized and perpetrating students or their guardians, and the schools to which the victimized and perpetrating students belong, of the filing of the administrative lawsuit under paragraphs (1) and (2), and
shall provide written guidance on matters concerning intervention in the litigation under Article 16 of the “Administrative Litigation Act.”
Period for Filing
The lawsuit must be filed within 90 days from the date on which the person became aware of the disposition, and may not be filed once one year has elapsed from the date the disposition was made. (Where an administrative lawsuit is filed after going through an administrative appeal, the period is calculated from the “date of receipt of the authentic copy of the written ruling of the administrative appeal.”)
Types
Revocation lawsuit, lawsuit for confirmation of invalidity and the like, and lawsuit for confirmation of illegality of omission
3. Assistance Provided by the Ulsan Law Firm
The Ulsan law firm devised a systematic strategy in order to obtain a stay of execution.
The Ulsan law firm made the following arguments.
Ulsan Law Firm Emphasizes the Absence of Intent in the Client's Conduct
The Ulsan law firm argued that the client engaged in the conduct in order to restore the relationship with the other student, whom the client had grown distant from, and that there was no intent of school violence.
Ulsan Law Firm Emphasizes That the Client Is Reflecting on the Conduct
The Ulsan law firm emphasized that the client deeply reflected on the conduct, resolved to adopt an attitude of respect toward others, and prepared a letter of reflection accordingly.
Ulsan Law Firm Emphasizes Problems with the Decision of the School Violence Committee
The Ulsan law firm emphasized that the School Violence Committee did not conduct a thorough investigation of the client's case and judged the matter somewhat hastily, resulting in the client receiving an unfavorable disposition.
4. The Court's Decision on the Ulsan Law Firm's Arguments
The court accepted the arguments of the Ulsan law firm and rendered a judgment stating, “The community service disposition imposed by the respondent on the applicant shall be stayed in its execution until the pronouncement of judgment in the case.”
If You Need the Assistance of the Ulsan Law Firm
At Daeryun Law Firm, attorneys specializing in school violence provide assistance to clients in this manner.
If, as in this case, an excessive disposition has been imposed and you need the assistance of an attorney specializing in this field, you are welcome to contact Daeryun Law Firm, which offers consultation and response.
We will provide active assistance with your case.
※ If you would like to see Daeryun Law Firm's school violence case results
Click ▶ Case of Revocation of a School Violence Committee Disposition
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