CONTENTS
- 1. The Client Who Came to the Appeal Review Attorney
- 2. The Appeal Review, Explained by the Appeal Review Attorney
- 3. The Appeal Review Request Undertaken by the Appeal Review Attorney
- - The Client's Disciplinary Measure Was Excessive
- - The Client Reached a Settlement With the Guardian of the Injured Student
- 4. Appeal Review Attorney, Mitigation of the Client's Disposition Achieved
1. The Client Who Came to the Appeal Review Attorney
The client who came to the attorney specializing in appeal reviews stated that they had received a dismissal disposition on suspicion of child abuse.
The client was a teacher in charge of a special-education class at a school. The special-education class was composed of students with disabilities.
On the day of the incident, the client received a criminal punishment in the form of a fine on the suspicion of having struck and mistreated the affected student.
The disciplinary committee imposed a dismissal disposition on the client, citing reasons such as the fact that the client had abused the affected student despite having a duty to protect students with disabilities and had received a fine.
Asserting that the dismissal disposition was unjust, the client came to Daeryun Law Firm in order to file a request for an appeal review.
2. The Appeal Review, Explained by the Appeal Review Attorney
The attorney specializing in appeal reviews examined the fact that the client, as a teacher in charge of a special-education class, was eligible to file a teacher's appeal review, and proceeded with an appeal review of the dismissal disposition.
A teacher's appeal review is an administrative appeal in which a teacher who objects to a disciplinary action or similar disposition files a request with the Appeals Review Committee so that the disposition is reviewed and decided upon.
The types of disciplinary action that a teacher may receive include removal, dismissal, demotion, suspension from office, salary reduction, and reprimand.
The dismissal disposition imposed on the client is one of the serious disciplinary actions that compulsorily separate a public official from service, and a dismissed person cannot be appointed as a public official for three years.
3. The Appeal Review Request Undertaken by the Appeal Review Attorney
The attorney specializing in appeal reviews proceeded with a request for an appeal review in order to obtain mitigation of the client's disposition.
The Client's Disciplinary Measure Was Excessive
The client was a teacher in charge of a special-education class. Because students with disabilities frequently engage in sudden and aggressive behavior, the client had arranged in advance with the affected student's parents that the student would be disciplined strictly.
Nevertheless, the client acknowledges the wrongdoing of having disciplined the affected student excessively, despite the prior arrangement, and is deeply remorseful.
The court that ruled on the client's case imposed a fine, citing factors such as the absence of any risk of reoffending on the part of the client and the fact that stripping the client of their position as a teacher would be excessive.
The criminal judgment likewise determined that, although the client's conduct clearly constituted a crime, stripping the client of their position as a teacher would be excessive.
In light of these points, it can be seen that the dismissal disposition is far too severe as a level of disciplinary action relative to the client's conduct.
The Client Reached a Settlement With the Guardian of the Injured Student
The client apologized to the affected student and the guardian and continued to make efforts toward a settlement, and through the consideration of the affected student's guardian, who came to understand the client's sincerity, a settlement was reached.
The affected student's guardian also submitted a written opinion expressing the wish that the client be reinstated to the teaching position.
Considering that a settlement between the client and the affected student's guardian was reached, albeit belatedly, and that the affected student's guardian is petitioning for leniency toward the client, the dismissal disposition should be revoked.
4. Appeal Review Attorney, Mitigation of the Client's Disposition Achieved
After hearing the submissions of the attorney specializing in appeal reviews, the Teachers' Appeals Review Committee recognized that the grounds for disciplinary action against the client were established but that the level of the action was excessive, and reduced the dismissal disposition to a two-month suspension from office.
The client faced the risk of losing their occupation due to a single momentary mistake, but was able to escape that risk because of the assistance of the attorney specializing in appeal reviews.
When a teacher or public official receives a dismissal disposition as a disciplinary action, it not only results in the loss of their occupation but also affects their future pension, so a prompt response is important.
A request for an appeal review must be filed within thirty days of the disciplinary action, and it is difficult to file the request and prepare supporting materials alone within such a short period.
If you find yourself in a situation similar to that of the client in this case, please come to Daeryun Law Firm to seek the assistance of an attorney specializing in appeal reviews.
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