[Defense Case of a Jeju School Violence Attorney] A Client Who Obtained a Stay of Execution With the Assistance of a Daeryun Jeju Attorney

CONTENTS

1. The Client Who Needed the Help of a Jeju School Violence Attorney
2. The Daeryun Jeju School Violence Attorney's Assistance
3. The Daeryun Jeju School Violence Attorney Succeeds in the Defense

1. The Client Who Needed the Help of a Jeju School Violence Attorney

The client who needed the help of a Jeju school violence attorney faced a disposition as a perpetrator of school violence.

The client was reported for school violence by a classmate he had been close to.

The two students had been close for a long time and reportedly often played around, such as tapping each other.

From a certain point, the two naturally grew apart.

The client tapped his friend and played around as usual, but the friend reportedly reacted sensitively and said that he would report it as school violence.

Angered by this, the client reportedly shouted at his friend.

Through that incident, the friend reported the client for school violence, and the client, branded as a perpetrator of school violence, faced a disposition by the School Violence Countermeasures Deliberation Committee.

Feeling that it was unfair to receive a school violence disposition even though it was a mutual dispute, the client came to a Daeryun Law Firm Jeju school violence attorney.

The client, who needed a stay of execution of the disposition, requested help from a Daeryun Law Firm Jeju school violence attorney with extensive experience in similar cases.

School Violence Statutes Reviewed With a Daeryun Jeju School Violence Attorney

Act on the Prevention of and Countermeasures Against School Violence Article 17-3 (Administrative Litigation)

① A victim student or that student's guardian who objects to a measure taken by the superintendent of education under Article 16(1) and Article 17(1) may file an administrative lawsuit under the Administrative Litigation Act.

② A perpetrator student or that student's 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 victim and perpetrator students or their guardians, and the schools to which the victim and perpetrator students belong, of the fact that an administrative lawsuit under paragraphs (1) and (2) has been filed, and shall provide written guidance on the matters concerning intervention in litigation under Article 16 of the Administrative Litigation Act.

(Filing period : The lawsuit must be filed within 90 days from the date the disposition becomes known, and it may not be filed once 1 year has elapsed from the date of the disposition. (Where an administrative lawsuit is filed after going through an administrative appeal, the period is calculated from the “date the authentic copy of the written ruling on the administrative appeal is served.”))

(Types : revocation lawsuit, lawsuit to confirm invalidity or similar, lawsuit to confirm illegality of an omission)

2. The Daeryun Jeju School Violence Attorney's Assistance

The Daeryun Law Firm Jeju school violence attorney argued that a stay of execution of the disposition against the client was needed, on the ground that, under the detailed criteria for applying measures to perpetrator students of school violence, it was unlawful for the other side to impose a disposition without considering whether the client was at fault.

▶ The client did not commit school violence against the other party intentionally, so school violence is not established.

▶ The school violence committee's disposition based on this may therefore also be regarded as unlawful.

▶ If the client receives a disposition arising from this case, serious harm, such as an entry in his school record, may result.

Arguing as above, the Daeryun Law Firm Jeju school violence attorney requested that a stay of execution decision be issued for the disposition imposed on the client.

3. The Daeryun Jeju School Violence Attorney Succeeds in the Defense

The court, accepting all of the Daeryun Law Firm Jeju school violence attorney's arguments, issued a decision stating, “Execution of the measure decision that the respondent made against the applicant is stayed until the pronouncement of judgment in the case for revocation of that measure decision.”

With the assistance of the Daeryun Law Firm Jeju school violence attorney, the client was able to defend this case through a stay of execution disposition.

The Daeryun Law Firm School Violence Group takes a different approach.

Attorneys with experience in education and dispute resolution and a precise understanding of the methods and flow of investigations and trials jointly take charge of and handle the case.

The team also understands the tendencies in how similar cases are handled, drawn from extensive practical experience, and guides the client's case in a more favorable direction.

If you are in a difficult situation involving a case like the one above, you may contact a Daeryun Law Firm Jeju school violence attorney.

[제주학폭변호사 방어사례] 대륜 제주학폭변호사 조력으로 집행정지 받아낸 의뢰인

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.