CONTENTS
- 1. Chuncheon Attorney | Circumstances of the Case
- - Chuncheon Attorney | The Client's Acts of Violence
- - Chuncheon Attorney | Laws Relevant to the Case
- 2. The Chuncheon Attorney's Assistance
- - Chuncheon Attorney | Arguing That There Was No School Violence
- - Chuncheon Attorney | Arguing That the School Violence Committee Deviated From and Abused Its Discretion
- 3. Chuncheon Attorney | The Client's School Violence Disciplinary Action Revocation Is Granted
1. Chuncheon Attorney | Circumstances of the Case
The client is a sixth-grade elementary school student together with his mother, his guardian.
The attorney came to assist in seeking the revocation of a disciplinary action that the separately convened school violence autonomous committee (hereinafter the “school violence committee”) had imposed by hearing only the victim's account without considering the circumstances on both sides between the client and the victim.
The client was an innocent child who used to play with the victim, a close friend, often engaging in rough horseplay.
Then, while the victim was on bad terms after a quarrel with another friend, the victim came to feel resentful when the client did not take the victim's side.
In that state, the client engaged in the usual rough horseplay (hitting the wrist, lightly poking, glaring, and the like), and when the victim was displeased, the client immediately apologized.
The victim's mother learned the full story upon noticing that the victim recently did not want to go to school, and she ultimately reported the client for school violence.
Chuncheon Attorney | The Client's Acts of Violence
The client wished to take time to sincerely apologize to the victim once more and sought assistance to have the disciplinary action revoked.
First, snapping the wrist, hitting with a fist, and lightly poking
The client stated that he had often engaged in such conduct with the victim and that, when they were close friends, it was simply horseplay they had shared with each other.
However, when the client engaged in the same conduct even after their relationship had not improved, the displeased victim reported the matter, and the school violence committee, without ascertaining the circumstances on both sides, upheld it as it was.
Second, the act of glaring
The client was reported for inflicting nonverbal violence, such as glaring at the victim while passing by, and this too was acknowledged by the school violence committee, resulting in a disciplinary action.
The client explained that all of these matters had in fact taken place when they were close and that he had apologized whenever the victim said he was displeased.
Here too, the school violence committee adopted the victim's account exactly as stated, and a disciplinary action was imposed on the client.
Chuncheon Attorney | Laws Relevant to the Case
Under the following statutory provisions, the client received disciplinary actions including a written apology, a prohibition on contact, threats, and retaliation, service at the school, and special education.
Act on the Prevention of and Countermeasures Against School Violence
Article 17 (Measures Against an Offending Student)
1. A written apology to the victimized student
2. A prohibition on contact, threats, and retaliation (including acts using an information and communications network) against the victimized student and the reporting or accusing student
3. Service at the school
4. Community service
5. Special education completion or psychological treatment provided by an expert inside or outside the school or by an institution designated by the superintendent of education
6. Suspension of attendance
7. Class transfer
8. School transfer
9. Expulsion
The Chuncheon school violence attorney, finding that the disciplinary action against the client was unjust, filed a suit seeking revocation of the school violence disciplinary action under the following statutory provision.
Article 17-3 (Administrative Litigation)
2. The Chuncheon Attorney's Assistance
To help the client, the Chuncheon attorney focused on the fact that a disciplinary action had been imposed despite the client's sincere apology and that the disciplinary action had been imposed based solely on the victimized student's account.
Accordingly, the attorney argued that the statements and the disposition, which were centered on the victim, were unjust.
Chuncheon Attorney | Arguing That There Was No School Violence
The Chuncheon school violence attorney argued that the client's assaultive conduct took place during a period when the client maintained an amicable friendship with the victim and got along closely, so that it amounted to no more than mutual horseplay and did not constitute school violence.
Chuncheon Attorney | Arguing That the School Violence Committee Deviated From and Abused Its Discretion
The Chuncheon school violence attorney argued that, even if all of the matters in this case were acknowledged, the victimized student had exaggerated or fabricated what had actually happened, and that it was unjust for the school violence committee to recognize all of the client's conduct as school violence without properly ascertaining the related facts.
The attorney also argued, on the two grounds described above, that the committee had deviated from and abused its discretion in violation of the principle of proportionality, and this was accepted by the court.
3. Chuncheon Attorney | The Client's School Violence Disciplinary Action Revocation Is Granted
Accepting the Chuncheon school violence attorney's arguments, the court decided to revoke the school violence disciplinary action, and the client was able to restore his reputation.
The court determined, “No matter how close the relationship, conduct such as snapping the wrist, hitting with a fist, and lightly poking does indeed amount to violence; however, the act of glaring alone does not constitute conduct that entails physical or mental harm.”
The court found that the level of the disciplinary punishment imposed on the client was high and that revocation was warranted, and, taking everything into account, that the disciplinary action was heavy relative to the school violence the client had committed, so that the school violence committee had indeed deviated from and abused its discretion.
If you, like the client, wish to challenge a disciplinary action, you should resolve it through a 🔗Chuncheon attorney's 🔗legal consultation booking.
The Chuncheon school violence attorney will do its utmost to help the client avoid suffering an injustice.
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