CONTENTS
- 1. Visit to Daeryun to Pursue an Administrative Appeal and Administrative Litigation
- - Why the Client Wished to Pursue an Administrative Appeal and Administrative Litigation
- - Facing the Risk of a Disadvantage From an Administrative Appeal and Administrative Litigation: How to Avoid It
- 2. The Administrative Appeal and Administrative Litigation Conclude Successfully
- - School Disciplinary Committee Discipline and the Process and Procedure of an Administrative Appeal and Administrative Litigation
- 3. The Administrative Appeals Commission Decides to Revoke the Disposition in the Administrative Appeal and Administrative Litigation
1. Visit to Daeryun to Pursue an Administrative Appeal and Administrative Litigation
The client who came to Daeryun (LLC) for an administrative appeal and administrative litigation was a high school student, and explained the reasons an administrative appeal and administrative litigation were needed as follows.
As for the reason an administrative appeal and administrative litigation were needed, the client related that a school disciplinary committee had been convened on the ground of infringement of the right to learn, and that the client had received a community-service disposition.
Because this placed the client at risk of problems with matters such as university admission, the client entrusted the case to Daeryun in order to obtain revocation of the disposition through an administrative appeal and administrative litigation.
Why the Client Wished to Pursue an Administrative Appeal and Administrative Litigation
The reason an administrative appeal and administrative litigation were needed was university admission. The client, who also felt that the disposition was unjust, wished to obtain the help of a legal professional.
The client, a high school student, was a diligent student who attended classes earnestly, but was being bullied by a classmate.
Unable to endure this, the client responded to the other student with profanity. As a result, the client received a disciplinary disposition and faced the risk that a record of the disposition would remain on the school record, which is important for university admission.
Facing the Risk of a Disadvantage From an Administrative Appeal and Administrative Litigation: How to Avoid It
The client, who faced the risk of a disadvantage arising in connection with an administrative appeal and administrative litigation, felt a strong sense of injustice.
Although the client had attended school earnestly, the client came to disrupt the class because of the other student, who took issue with this.
The client, who earnestly hoped for revocation of the disposition for the sake of the future, entrusted the matter to us at Daeryun.
2. The Administrative Appeal and Administrative Litigation Conclude Successfully
Through a careful consultation with the client, Daeryun Law Firm formed a specialist attorney team composed of several professionals with extensive experience in administrative appeal and administrative litigation cases.
The Daeryun specialist attorneys argued strongly that the claimant had unjustly received the disposition from the school disciplinary committee.
■ The claimant did not use profanity for the purpose of disrupting the class
■ It was confirmed that the claimant had been continuously bullied by the other student
■ The claimant asserted that the situation was unjust before and after the disciplinary disposition, but this was found to have been disregarded
■ If the disposition were upheld, there was a high likelihood of problems with the claimant's future university admission
■ In light of the above matters, the claimant had grounds to file an administrative appeal and administrative litigation
School Disciplinary Committee Discipline and the Process and Procedure of an Administrative Appeal and Administrative Litigation
The school disciplinary committee is a committee that establishes, by rule, discipline of students for matters other than school violence.
Because the disciplinary committee can impose higher levels of disposition than school violence, it is advisable to obtain the assistance of a defense attorney.
School Disciplinary Committee
Elementary and Secondary Education Act, Article 18 (Discipline of Students) ① The head of a school may, where necessary for education, discipline a student in accordance with statutes and school regulations. However, a student receiving compulsory education may not be expelled. ② In order to discipline a student, the head of a school shall follow appropriate procedures, such as giving the student or the student's guardian an opportunity to state an opinion.
Enforcement Decree of the Elementary and Secondary Education Act, Article 31 (Discipline of Students, etc.) ① Pursuant to the main text of Article 18 (1) of the Act, the head of a school may, where deemed necessary for educational purposes, impose on a student any of the following disciplinary measures. 1. Service within the school 2. Community service 3. Completion of special education 4. Suspension of attendance for up to 10 days at a time and up to 30 days per year 5. Expulsion ② When imposing discipline under paragraph 1, the head of a school shall use an educational method that respects the student's character and shall apply the types of discipline in stages according to the gravity of the grounds, giving the student an opportunity to reform. ③ When imposing discipline under paragraph 1, the head of a school may consult with the student's guardian regarding guidance of the student. ④ The Superintendent of Education shall establish and operate educational methods necessary to educate students who have received discipline of completion of special education or suspension of attendance under paragraph 1, subparagraphs 3 and 4, and shall take necessary measures, such as securing teachers and facilities and equipment for this purpose. ⑤ Expulsion under paragraph 1, subparagraph 5 shall be imposed only on a person other than a student in a compulsory education course who falls under any of the following. 1. A person whose conduct is so poor that there is deemed to be no prospect of reform 2. A person who is frequently absent without justifiable reason 3. A person who otherwise violates the school regulations ⑥ The head of a school may, before imposing expulsion, allow the student to study at home for a certain period. ⑦ When the head of a school imposes expulsion, the head shall conduct career counseling with the student and the guardian, and shall endeavor, in cooperation with the local community, to refer the student to another school or a vocational education and training institution. |
In this case, the client wished to object to the disciplinary committee's disposition, and an administrative appeal and administrative litigation were needed for this purpose.
An administrative appeal and administrative litigation may be understood as adjudication and judicial procedures that remedy infringements of rights or interests caused by an administrative agency's unlawful disposition, other exercise of public authority, or failure to act, and that resolve disputes concerning legal relationships under public law or the application of law.
As for the difference between an administrative appeal and administrative litigation, an administrative appeal is a system established within the administrative agency by which an objection is raised to the administrative agency that issued the disposition, having the disposition agency's superior body review the matter once more, so that the administration may itself secure efficiency and consistency without the intervention of a court.
By contrast, administrative litigation is a court's judicial procedure that remedies infringements of the people's rights or interests caused by an administrative agency's unlawful disposition, other exercise of public authority, or failure to act, and that seeks to resolve disputes concerning legal relationships under public law or the application of law.
3. The Administrative Appeals Commission Decides to Revoke the Disposition in the Administrative Appeal and Administrative Litigation
The Administrative Appeals Commission accepted Daeryun Law Firm's argument and, in this administrative appeal and administrative litigation, decided that “the disposition imposed by the respondent on the claimant is revoked.”
The types of dispositions that may be imposed within a school are varied, beyond school violence. Because school disciplinary committee discipline can extend up to “expulsion,” a prompt response is needed.
Daeryun (LLC) operates a group dedicated to school violence matters. When you face legal difficulties related to school matters, it is recommended that you obtain the help of a specialist.
If you need the help of a school violence attorney for matters such as a Ministry of Education dispute mediation committee, you may consult with Daeryun at any time.
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.
