Administrative Litigation Lawyer Assistance Case | Client Under a School Violence Disciplinary Action, Stay of Execution

The detailed account of the client who came to the administrative litigation attorney for help is as follows.

After an argument with a friend with whom the client had been close for a long time, the relationship between the two gradually grew distant.

Then one day, the client happened to run into the friend while passing through a hallway, and an argument broke out again on the spot.

Using this incident as a pretext, the friend reported the client as a perpetrator of school violence, and ultimately the client received dispositions of school community service and completion of special education.

However, no measure was taken against the friend, and the client, judging that there had also been problems in the investigation process, decided to file an 🔗administrative litigation.

The client sought out Daeryun in order to proceed with the case together with an experienced attorney and resolve the matter promptly.

Dispositions for school violence are divided into a total of nine graduated measures, ranging from minor measures at the level of a warning to serious sanctions such as expulsion.

If a school violence disposition is judged to be unjust, one may file administrative adjudication and administrative litigation.

Normally, administrative litigation proceeds after administrative adjudication, but it is not necessarily required to go through administrative adjudication first.

In the following cases, one may apply for a stay of execution.

Administrative Litigation Act Article 23 (Stay of Execution)

(2) Where it is recognized that there is an urgent need to prevent irreparable harm that may arise from a disposition, etc., or its execution, or the continuation of the procedure, the court may decide to stay all or part of the effect of the disposition, its execution, or the continuation of the procedure.

※ A suit must be filed within 90 days from the date of becoming aware that a disposition has been made, and within one year from the date the disposition was made

The administrative litigation attorney pointed out that the school had reached its decision by unilaterally reflecting only the statement of the alleged victim student.

The point was that, although this case should have been clarified by closely investigating the facts, the investigation had not been carried out sufficiently.

The attorney emphasized that a disciplinary action based on an insufficient investigation lacks procedural legitimacy.

The administrative litigation attorney argued that, if the disciplinary disposition were maintained, the client could suffer harm that would be difficult to recover.

In particular, if a disciplinary record were left on the student record, this may lead to long-term disadvantages in future matters such as admission to higher education or employment.

Accordingly, the administrative litigation attorney emphasized that an urgent need to protect the client's rights existed, and that a stay of execution decision was therefore needed.

A 🔗school violence administrative litigation is a key remedy procedure through which a student or guardian can legally assert rights against an unjust measure.

Through such a procedure, the facts of the case can be objectively clarified, and a fairer and more reasonable decision can be reached.

At Daeryun, a 🔗school violence attorney provides practical legal advisory and mediation support to parents and educational institutions.

It provides comprehensive legal services that also take into account the psychological recovery of clients and establishes strategies tailored to each case to resolve issues promptly.

If you need the assistance of a specialist attorney in a situation similar to the case above, please entrust your case by booking a 🔗legal consultation.