CONTENTS
- 1. The client who came to the Suwon school violence attorney
- - The circumstances of the case as examined by the Suwon school violence attorney
- - Relevant statutes as explained by the Suwon school violence attorney
- 2. The Suwon school violence attorney's assistance
- 3. As a result of the Suwon school violence attorney's assistance, a ‘non-disposition’
1. The client who came to the Suwon school violence attorney
The client who came to the Suwon school violence attorney had been reported for school violence by the victimized student for extortion, assault, and the like. Denying the allegations and seeking to avoid a disposition, the client urgently came to the Daeryun 🔗Suwon office located in Paldal-gu, Suwon.
The circumstances of the case as examined by the Suwon school violence attorney
The Suwon school violence attorney examined the detailed circumstances of the case through a consultation with the client.
The harmful conduct that the victimized student alleged against the client was as follows.
1. He secretly took snacks from the victimized student's bag with other friends without the victimized student's consent, and told the student to bring snacks again next time. (extortion and intimidation)
2. He violently assaulted the victimized student. (assault)
In response, the client stated that he had never forced or threatened the victimized student to bring snacks, and that, because the classmates had always shared the snacks whenever the victimized student brought them to school, he had naturally taken some of the snacks.
In addition, regarding the alleged assault on the victimized student, the client argued that it was merely a penalty hit while they were playing a game together, and that he too had been hit by the victimized student as a penalty.
The Suwon school violence attorney provided assistance to obtain a non-disposition based on the client's arguments as set out above.
Relevant statutes as explained by the Suwon school violence attorney
In order to deliberate on matters concerning school violence and impose disciplinary dispositions, the Office of Education maintains a 🔗School Violence Countermeasures Deliberation Committee.
■ Criteria for school violence disciplinary dispositions
1. Severity
2. Persistence
3. Intentionality
4. Degree of remorse
5. Degree of reconciliation
6. The offending student's potential for rehabilitation
7. Whether the victimized student is a student with a disability
■ Types of school violence disciplinary dispositions
No. 1 Written apology | The student submits a written statement to the school |
No. 2 Prohibition of contact, threats, and retaliatory acts | The offending student is prohibited from approaching the victimized student |
No. 3 In-school service | Service activities within the school |
No. 4 Community service | Service at social welfare institutions, public institutions, and administrative agencies |
No. 5 Completion of special education or psychological treatment | Completion of special education through experts inside or outside the school, psychological treatment |
No. 6 Suspension of attendance | A suspension of attendance for 5 to 10 days (if the number of attendance days falls short, the student is held back a year) |
No. 7 Class transfer | Transfer of the offending student's class to another class within the same school |
No. 8 Transfer to another school | A measure transferring the offending student to another school (compulsory transfer) |
No. 9 Expulsion | Expulsion of the offending student (applicable only to high school students) |
2. The Suwon school violence attorney's assistance
Based on a close consultation with the client and the results of the investigation, the Suwon school violence attorney argued the need for a non-disposition and emphasized the following to the court.
Statements of the students within the school
As a result of conducting a full survey of the students after the school violence report, the statements that there had been no harmful conduct by the client, as alleged by the victimized student, were consistent.
On this basis, Daeryun actively emphasized that there had been no harmful conduct.
Denial of the alleged assault by the client
The client's height is 150cm, which is very small compared to peers, and he lacks body fat and muscle, so he may be described as slight in build.
By contrast, the victimized student's height is 180cm, which is considerably larger than the client's build, and it was argued that it is therefore difficult to find that the client committed the harmful conduct.
The client had no motive to commit the harmful conduct
The client had ordinarily maintained amicable relationships with his classmates and gone through school life on good terms, and his relationship with the victimized student was nothing more than an ordinary classmate relationship.
It was argued that there was no motive for committing acts of intimidation or extortion against the victimized student, with whom there was no emotional conflict, in a classroom where all of the classmates were watching.
3. As a result of the Suwon school violence attorney's assistance, a ‘non-disposition’
As a result of the Suwon school violence attorney actively denying the client's harmful conduct, the client, a juvenile under protection, succeeded in obtaining a ‘non-disposition’.
The Daeryun Law Firm (LLC) operates a 🔗School Violence Group, in which school violence specialist attorneys with expert knowledge are dedicated to reviewing and managing matters referred to the School Violence Countermeasures Deliberation Committee.
Therefore, if you are facing a deliberation over school violence, please receive the assistance of Daeryun's school violence specialist attorney.
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.
