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Deals & Cases

Lawsuit seeking revocation of a disciplinary action for school violence

Incheon School Violence Lawyer Assistance Case | Revocation of Disciplinary Action Against a Client Accused of School Violence

The client of the Incheon school violence attorney faced the risk of disciplinary action after becoming involved in a school violence matter, and came to the school violence attorney at the Incheon branch office, which has handled numerous school violence cases, to request assistance.

CONTENTS
  • 1. The Client Who Sought the Incheon School Violence Lawyer
    • - How One Became Involved in a School Violence Charge
  • 2. School Violence, Explained by the Incheon School Violence Lawyer
    • - Disciplinary Action Against a School Violence Perpetrator
    • - Statutes Related to School Violence Administrative Litigation
  • 3. Three Areas of Assistance by the Incheon School Violence Lawyer
    • - Defense by the School Violence Lawyer 1. Lack of Equity
    • - Defense by the School Violence Lawyer 2. Denial of the Violent Act
    • - Defense by the School Violence Lawyer 3. Absence of Eyewitness Testimony
  • 4. Outcome of the Incheon School Violence Lawyer's Assistance: Stay of the Disposition
    • - If You Are Involved in a School Violence Charge

1. The Client Who Sought the Incheon School Violence Lawyer

Daeryun Incheon school violence attorney disciplinary action revocation administrative litigation case study

The client of the Incheon school violence attorney came under suspicion as a perpetrator of school violence, decided to pursue school violence litigation, and, with the assistance of the school violence attorney at the Incheon branch office, succeeded in obtaining a stay of the disposition.

How One Became Involved in a School Violence Charge

The client was a high school student leading an ordinary school life.

Then one day, while arguing with a friend, he came to have minor physical contact.

A few weeks later, the friend reported the client as a perpetrator of school violence, and the client also filed a counter-report.

However, the client became a 🔗school violence perpetrator and received a No. 2 disciplinary action.

The client, who appealed his sense of injustice, requested assistance from the Incheon school violence attorney in order to revoke the disciplinary action.

2. School Violence, Explained by the Incheon School Violence Lawyer

Daeryun Incheon school violence attorney consultation case on defending against punishment of a school violence offender

The client of the Incheon school violence attorney pleaded that it was unfair, stating that he had not known a minor physical contact could lead to school violence.

If, like the client, someone becomes a school violence offender, what disciplinary measures may they face?

A school violence offender's discipline is determined according to the severity of the matter, and the detailed disciplinary measures are as follows.

Disciplinary Action Against a School Violence Perpetrator

MeasureContent of the Measure
No. 1Written apology to the victim student
No. 2Prohibition of contact, threats, and retaliation against the victim student and the reporting or accusing student
No. 3In-school service
No. 4Community service
No. 5Completion of special education or psychological treatment
No. 6Suspension of attendance
No. 7Class reassignment
No. 8Transfer to another school
No. 9Expulsion

If there are objections to such a school violence disposition, an administrative litigation may be filed.


This is also specified in the relevant statutes.

Statutes Related to School Violence Administrative Litigation

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

① A victim or perpetrator student, or that student's guardian, who objects to a measure issued by the superintendent of education may file an administrative lawsuit pursuant to the Administrative Litigation Act.

② The superintendent of education shall notify the victim or perpetrator student, or that student's guardian, and the school to which the victim or perpetrator student belongs, of the filing of the administrative lawsuit, and shall provide written guidance on matters concerning participation in the litigation.

Such school violence may lead not only to disciplinary action but also to criminal punishment, so if you are involved in school violence, it is advisable to seek the assistance of an Incheon school violence attorney as soon as possible.

3. Three Areas of Assistance by the Incheon School Violence Lawyer

The Incheon school violence attorney gathered and analyzed evidence based on the client's testimony, and established a strategy tailored to the client.

Arguing that the disciplinary action against the client was unlawful, the attorney made the following arguments.

Defense by the School Violence Lawyer 1. Lack of Equity

The school violence attorney found biased remarks in the minutes of the School Violence Deliberation Committee that handled the client's case.

Through this, the attorney argued that the statements of the victimized student and the client had not been carefully compared and reviewed.

On this basis, the attorney emphasized that the disposition was the result of focusing solely on the one-sided statement of the victimized student, which was not consistent with fairness.

Defense by the School Violence Lawyer 2. Denial of the Violent Act

The client consistently denied his act of violence after the incident.

However, the school violence review committee did not accept the client's statement.

We emphasized that, despite the consistent denial, the client had been judged to be the perpetrator without a proper verification procedure.

Defense by the School Violence Lawyer 3. Absence of Eyewitness Testimony

At the time of the incident in which there was a dispute, there were several witnesses between the client and the injured student.

However, no portion stating the witnesses' accounts was secured within the minutes.

The attorney emphasized that this worked as an unfavorable result for the client's disposition and led to an excessive disposition.

4. Outcome of the Incheon School Violence Lawyer's Assistance: Stay of the Disposition

The court, having heard the arguments of the Incheon school violence attorney, issued a decision to stay the effect of the disposition imposed on the client.

The client, who had nearly received a disposition after being wrongly implicated in school violence, expressed deep gratitude to the Incheon school violence attorney.

If You Are Involved in a School Violence Charge

As with the client of the Incheon school violence attorney, involvement in school violence can occur.

Such school violence may, depending on the outcome of the disposition, remain on the school record and can leave a significant blemish on the life of the student found responsible, so a prompt response is needed.

At Daeryun Law Firm, attorneys who have handled numerous school violence cases form a task force to assist with the case, enabling a prompt and comprehensive response.

If you face the risk of punishment after becoming involved in school violence, please request the assistance of the Incheon school violence attorney through a 🔗legal consultation appointment.

인천학교폭력변호사

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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