CONTENTS
- 1. How the Client Came to Seek the Daejeon Administrative-Litigation Attorney
- - The Client Who Requested the Daejeon Administrative-Litigation Attorney's Assistance
- - Statutes Relevant to the Case Explained by the Daejeon Administrative-Litigation Attorney
- 2. The Daejeon Administrative-Litigation Attorney's Assistance
- - The Daejeon Administrative-Litigation Attorney Emphasizes the Credibility of the Victim's Statement
- 3. The Daejeon Administrative-Litigation Attorney's Result, “Revocation of Disposition”
- - If You Need the Daejeon Administrative-Litigation Attorney's Assistance
1. How the Client Came to Seek the Daejeon Administrative-Litigation Attorney
The client who held a consultation with the Daejeon administrative-litigation attorney, having been disciplined for forcible indecent act, visited the Daejeon office seeking to revoke the disposition through 🔗administrative litigation.
The Client Who Requested the Daejeon Administrative-Litigation Attorney's Assistance
This is the story of the client who entrusted the case to the Daejeon administrative-litigation attorney.
On the day of the incident, the client had a conversation with a female student whom he liked and was close with.
Because they had feelings for each other, there was physical contact, and they also joked around as usual.
However, a few days later, the client was reported by the female student for 🔗forcible indecent act.
As a result, the client received a Level 4 disposition from the 🔗School Violence Committee, and, feeling that this was unjust, wished to revoke the disposition.
The client therefore came to the Daejeon administrative-litigation attorney and requested assistance.
Statutes Relevant to the Case Explained by the Daejeon Administrative-Litigation Attorney
▶ Act on the Prevention of and Countermeasures against Violence in Schools Article 17-3 (Administrative Litigation)
(2) An offending student or his/her 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/offending student or his/her guardian and the schools the victimized/offending students attend of the fact that the administrative lawsuit under paragraphs (1) and (2) has been filed, and shall provide written guidance on matters concerning intervention in the lawsuit under Article 16 of the 「Administrative Litigation Act」.
▶ Administrative Litigation Act Article 23
(2) Where a revocation lawsuit has been filed and it is recognized that there is an urgent need to prevent irreparable harm that may arise from the disposition, etc., or its execution, or the continuation of proceedings, the court before which the merits are pending may, upon a party's application or ex officio, decide to stay all or part of the validity of the disposition, etc., or its execution, or the continuation of proceedings.
Provided, that a stay of the validity of a disposition is not permitted where the purpose can be achieved by staying the execution of the disposition, etc., or the continuation of proceedings.
(3) A stay of execution is not permitted where it is likely to have a significant impact on public welfare.
(4) In applying for a decision on the stay of execution under paragraph (2), the grounds therefor must be made out by prima facie evidence.
(5) An immediate appeal may be filed against a decision granting or denying a stay of execution under paragraph (2). In this case, an immediate appeal against a decision granting a stay of execution does not have the effect of staying the execution of the decision.
2. The Daejeon Administrative-Litigation Attorney's Assistance
The Daejeon administrative-litigation attorney formed a TF with attorneys who possess ample expertise in school-violence cases.
After holding a consultation with the client, they made the following arguments so that the claim could be granted.
The Daejeon Administrative-Litigation Attorney Emphasizes the Credibility of the Victim's Statement
The Daejeon administrative-litigation attorney submitted the statement of a witness who was at the same location at the time of the incident, along with the record of the conversation between the two, and emphasized that the victim's statement had low credibility.
▶ The victim's statement and the witness's statement were inconsistent
▶ Even right after the alleged harm, the victim had dinner with the client and engaged in physical contact
▶ The victim was the first to make physical contact with the client
▶ After the alleged harm, the victim did not immediately report it to investigative authorities or to her parents
▶ There was no evidence sufficient to find that the client had forcibly committed an indecent act against the victim's body
3. The Daejeon Administrative-Litigation Attorney's Result, “Revocation of Disposition”
Persuaded by the Daejeon administrative-litigation attorney's arguments, the court rendered a decision stating, “The community service and special education completion disposition that the defendant made against the plaintiff is revoked.”
If You Need the Daejeon Administrative-Litigation Attorney's Assistance
The above case was the story of a client who received a decision revoking a school-violence disciplinary disposition through the Daejeon administrative-litigation attorney's assistance.
As such, if you have been unjustly subjected to a disciplinary disposition, it is advisable to pursue administrative litigation with a professional response together with a specialist attorney.
At Daeryun Law Firm, 🔗specialist attorneys with an average of more than 20 years of experience actively assist clients on the basis of their extensive knowledge.
If you are facing difficulties in a situation similar to the case above, you are welcome to come to the Daejeon administrative-litigation attorney at Daeryun Law Firm and request assistance 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.
