CONTENTS
- 1. The Client Who Sought a Busan School Violence Attorney
- - How the Client Came to Seek a Busan School Violence Attorney
- 2. Stay of Execution Statutes Explained by a Busan School Violence Attorney
- 3. Assistance from the Busan School Violence Attorney
- - Busan School Violence Attorney Argument ① A One-Sided Disposition
- - Busan School Violence Attorney Argument ② Abuse of Discretion
- - Busan School Violence Attorney Argument ③ Urgent Necessity
- 4. The Court's Decision on the Busan School Violence Attorney's Arguments
- - If You Need the Help of a Busan School Violence Attorney
1. The Client Who Sought a Busan School Violence Attorney
The client, wishing to obtain a stay of execution of the school violence disciplinary measure with the assistance of an attorney, came to the Busan office and requested help from a school violence attorney.
How the Client Came to Seek a Busan School Violence Attorney
The account of the client, who urgently came to a Busan school violence attorney and requested a consultation, is as follows.
The client and the other student were close friends who exchanged messages in a group chat on social media.
Then, one day, the client and the other student grew distant over a particular incident, and the other student left the group chat.
Displeased with the other student's attitude, the client posted a long message of profanity in the group chat.
One member of the chat who saw this forwarded the conversation to the other student, and the client became implicated in a school violence allegation.
During the school violence investigation, the client actively asserted his innocence, but his position was not reflected at all.
The client, who was found to be implicated in the school violence allegation based solely on the other student's statement, needed professional help.
Wishing to work with an attorney to obtain a 🔗stay of execution of the school violence disciplinary measure, the client came to a Busan school violence attorney and requested a consultation.
2. Stay of Execution Statutes Explained by a Busan School Violence Attorney
Under Article 17-3 of the Act on the Prevention of and Countermeasures against Violence in Schools, a victim student, an offending student, or their guardian who objects to a disposition issued by the education office may file an administrative lawsuit.
① A victim student or his or her guardian who objects to a measure issued by the superintendent of education under Article 16 (1) and Article 17 (1) may file an administrative lawsuit under the Administrative Litigation Act.
② An offending student or his or her guardian who objects to a measure issued 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 victim and offending students or their guardians and the schools to which the victim and offending students belong of the filing of an administrative lawsuit under paragraphs (1) and (2), and shall provide written guidance on matters concerning participation in the litigation under Article 16 of the Administrative Litigation Act.
The lawsuit must be filed within 90 days from the date the disposition becomes known and within one year from the date the disposition was issued.
3. Assistance from the Busan School Violence Attorney
The Busan school violence attorney accurately ascertained the facts of the case in order to prove that the school violence disciplinary action against the client was improper.
After closely analyzing the relevant statutes and precedents, the attorney argued as follows.
Busan School Violence Attorney Argument ① A One-Sided Disposition
In this case, the investigation by the School Violence Countermeasures Deliberation Committee was insufficient.
It was so biased that the client's position was entirely disregarded while the other student's statement was accepted as it was.
The attorney also emphasized that the other student's statement, which served as the basis, was unclear and therefore lacked credibility.
Busan School Violence Attorney Argument ② Abuse of Discretion
What measure the School Violence Countermeasures Deliberation Committee takes against an offending student is a matter of discretionary action.
The attorney emphasized, however, that when the degree of the plaintiff's involvement in the school violence and other factors were considered as a whole, this disposition was somewhat excessive and unlawful.
Busan School Violence Attorney Argument ③ Urgent Necessity
A stay of execution is granted when the execution of a disposition or judgment would cause irreparable harm.
The attorney emphasized that the disposition in this case could cause the client significant problems in matters such as future school admissions, making it a matter in which a stay of execution was urgently needed.
4. The Court's Decision on the Busan School Violence Attorney's Arguments
The court accepted the Busan school violence attorney's arguments and issued a stay of execution decision.
The client expressed deep gratitude to the Busan school violence attorney.
If You Need the Help of a Busan School Violence Attorney
To avoid an unfavorable situation in a school investigation, it can be helpful to obtain the assistance of an attorney.
The 🔗School Violence Response Group of Daeryun Law Firm provides mediation and legal counsel to educational institutions and parents.
In addition, it provides comprehensive legal services that take into account the psychological support of victim students.
If you have been implicated in a school violence case and need the help of an attorney, we recommend that you visit Daeryun Law Firm for a consultation 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.
