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Deals & Cases

Revocation of a school violence disposition

Daegu school violence attorney | A case of proving that there was no school violence and having the plaintiff's claim dismissed

The client who came to the Daegu school violence attorney had been reported for school violence, but the matter was decided as not constituting school violence. The client then had the claim of the plaintiff who filed a revocation lawsuit against this disposition dismissed.

CONTENTS
  • 1. The client who came to the Daegu school violence attorney
    • - The client who requested the assistance of the Daegu school violence attorney
    • - The school violence dispositions explained by the Daegu school violence attorney
  • 2. Assistance provided by the Daegu school violence attorney
    • - The Daegu school violence attorney argues the unfairness of the plaintiff's claim
    • - The Daegu school violence attorney, statements of the students involved
  • 3. The result of the Daegu school violence attorney's assistance: ‘dismissal of the plaintiff's claim’
    • - If you need the help of the Daegu school violence attorney

1. The client who came to the Daegu school violence attorney

The client who came to the Daegu school violence attorney had been reported for school violence by a classmate and received a conclusion through the school violence committee that the matter did not constitute school violence. Nevertheless, the client faced a lawsuit from the plaintiff, who contested this disposition.

The client who requested the assistance of the Daegu school violence attorney

Daegu school violence attorney

The client who requested the assistance of the Daegu school violence attorney was a high school student.

The client's classmate, Ms. A (hereinafter the plaintiff), claimed that she had been continuously harassed by the client.

Decisively, she reported school violence, claiming that at a bus stop the client had deliberately pushed past her, and that as a result she not only nearly fell but also dropped her phone and nearly suffered a serious accident.

The School Violence Countermeasures Deliberation Committee thus convened resolved that the client's alleged school violence did not constitute school violence.

In response, the plaintiff contested that disposition and filed a lawsuit to revoke the school violence disposition, claiming that the client had forcefully pushed her shoulder from behind.

Accordingly, the client came to Daeryun seeking to have the plaintiff's claim dismissed and requested the assistance of an attorney specializing in school violence.

The school violence dispositions explained by the Daegu school violence attorney

After a student who has suffered school violence makes a report, if any one of the conditions for convening a meeting is met, the 🔗School Violence Countermeasures Deliberation Committee (hereinafter the school violence committee) is convened.

The school violence committee's deliberation is conducted on a points-assigned basis, assigning points by considering basic and additional assessment factors, and imposing a measure on the offender according to the total score.

As a result of the deliberation, the following school violence punishment measures may be imposed on the offending student.

In-school guidance

No. 1

Written apology to the victim student

No. 2

Prohibition of retaliatory acts against the victim student and the student who reported or accused (may be imposed concurrently)

No. 3

In-school service

Guidance in connection with an external institution

No. 4

Community service

No. 5

Completion of special education by an internal or external expert or psychological treatment (may be imposed concurrently)

Change of educational environment

No. 6

Suspension from attendance

No. 7

Change of class

No. 8

Transfer to another school

No. 9

Expulsion (provided that this does not apply to an offending student in the compulsory education process)

2. Assistance provided by the Daegu school violence attorney

The Daegu school violence attorney formed a task force based on attorneys specializing in school violence as well as attorneys with extensive experience in litigation relating to the school violence committee, and thoroughly reviewed the client's case.

It then argued for dismissal of the plaintiff's claim as follows.

The Daegu school violence attorney argues the unfairness of the plaintiff's claim

The plaintiff submitted CCTV footage as evidence and claimed that the client had forcefully struck her with his shoulder.

However, at the time of the incident the area was crowded with students waiting for the bus, and numerous students were surging forward all at once to board the bus.

It was argued that the client, too, while running to board the bus, happened to brush against the plaintiff's shoulder by chance, and that he had not intentionally sought to collide with the plaintiff.

The Daegu school violence attorney, statements of the students involved

According to the statements of the students who were present with the client and the plaintiff at the time of the incident, no student witnessed the two colliding or coming into contact at the bus stop. In particular, the very students whom the plaintiff directly named gave the same statements.

If, as the plaintiff claimed, the client had struck the plaintiff so forcefully as to knock her down, someone nearby would have witnessed and remembered it. However, the attorney strongly emphasized that no student had witnessed any such thing.

3. The result of the Daegu school violence attorney's assistance: ‘dismissal of the plaintiff's claim’

As a result of the Daegu school violence attorney's assistance in the lawsuit to revoke the school violence disposition filed against the client, the court accepted Daeryun's arguments and dismissed the plaintiff's claim.

If you need the help of the Daegu school violence attorney

The Daeryun Law Firm 🔗School Violence Response Group has attorneys specializing in school violence, equipped with expert knowledge, exclusively handling the review and management of matters referred to the School Violence Countermeasures Deliberation Committee.

If you are facing a deliberation over school violence, please visit the Daeryun Law Firm 🔗Daegu office and request our help.

대구학교폭력변호사 | 학교폭력 사실 없음을 입증하여 원고의 청구 기각한 사례

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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