CONTENTS
- 1. The Client Who Sought Out the Administrative Appeal Attorney
- - The Client's Requests
- 2. Administrative Appeals Explained by an Administrative Appeal Attorney
- - School Violence Disciplinary Action
- 3. Administrative Appeal Attorney's Response Strategy
- - The Legality of the Disposition in the Case
- - Rebutting the Offending Student's Claims
- 4. Administrative Appeal Attorney's Response Outcome
1. The Client Who Sought Out the Administrative Appeal Attorney
The client who sought an administrative adjudication attorney was a student who was a victim of school violence.
The client said that when his shoulder bumped into the offending student, the offending student called him over and sprayed water on him.
The offending student then forcefully pulled the client’s hand and dragged him around the hallway, and suddenly let go, causing the client to fall backward.
As a result, the client suffered physical and psychological harm and filed a report of school violence.
In response, the School Violence Countermeasures Committee imposed a disposition of class reassignment on the offending student, and the offending student filed this administrative adjudication, claiming that the disposition was unjust.
The Client's Requests
The client said that, due to the harm suffered from school violence, the client was unable to lead a proper school life.
The client asked only that the offending student's disciplinary disposition not be revoked, preventing the student from returning to the same class.
The administrative law attorney heeded the client's request and decided to take on resolving the case.
2. Administrative Appeals Explained by an Administrative Appeal Attorney
Administrative adjudication is a remedy procedure in which a person whose rights or interests have been infringed by an unlawful or unjust disposition of an administrative agency files a request with an administrative agency.
In the case of a school violence matter, an offending student may file for administrative adjudication with the office of education or the administrative adjudication committee when requesting the revocation or modification of a disciplinary disposition.
School Violence Disciplinary Action
In the case of the administrative attorney's client, the offending student received a class reassignment disposition as a school violence disciplinary measure.
This is a No. 7 disposition among school violence disciplinary measures, and the disciplinary record is retained in the school record for 4 years even after graduation.
🔗School Violence Disciplinary Dispositions are of the following types.
No. 2 : Prohibition of contact, intimidation, and retaliation
No. 3 : On-campus service
No. 4 : Community service
No. 5 : Completion of special education or psychological treatment
No. 6 : Suspension from attendance
No. 7 : Class reassignment
No. 8 : Transfer to another school
No. 9 : Expulsion
3. Administrative Appeal Attorney's Response Strategy
The administrative appeal attorney decided to respond by emphasizing that the claim in this case should be dismissed.
The Legality of the Disposition in the Case
Enforcement Decree of the School Violence Prevention Act, Article 19 (Criteria for Applying Each Measure against an Offending Student) The criteria for applying each measure under Article 17 (1) of the Act shall be determined in consideration of the following matters, and the detailed criteria shall be determined and announced by the Minister of Education.
1. The seriousness, persistence, and intentionality of the school violence committed by the offending student
2. The degree of the offending student's remorse
3. The likelihood of guiding the offending student through the relevant measure
4. The degree of reconciliation between the offending student and the guardian and the victimized student and the guardian
5. Whether the victimized student is a student with a disability
In light of the above statutory provisions, the administrative appeal attorney argued that a disciplinary measure imposed on an offending student in a school violence case is a discretionary act based on the superintendent of education's judgment, and that a disciplinary outcome taken by the superintendent of education for educational purposes should be respected.
The attorney also stated that the disposition in this case could not be regarded as manifestly improper, and that the claims in the administrative appeal should therefore be dismissed.
In addition, the attorney emphasized that the measure of class reassignment in this case was essential to separate the offending student from the client, given that the offending student's conduct had caused the client physical and psychological harm.
Rebutting the Offending Student's Claims
In filing this administrative appeal, the offending student argued that, because the class transfer disposition would result in the relevant content being recorded in the school record and thereby cause disadvantages such as being stripped of his position as class president, the class transfer disposition should be revoked in consideration of this.
However, the administrative law specialist lawyer stated that the client's daily life had become so difficult because of this incident that it could not return to what it was before the offense, and that the client was even considering withdrawing from school for fear of running into the offending student upon returning.
To prove this, the lawyer also submitted a psychiatric medical certificate as reference material.
Accordingly, the lawyer requested that, since the disposition imposed on the offending student was, on the contrary, too lenient, this administrative appeal be dismissed.
4. Administrative Appeal Attorney's Response Outcome
As a result of the administrative appeal attorney's response to the client's case, the Administrative Appeals Commission dismissed the offending student's claim.
The client expressed gratitude, saying that the client would no longer have to encounter the offending student in class and that the record would remain on the offending student's school record, which would allow the client to live with at least some of the harm suffered set aside.
A student who is a victim of school violence may live with scars that can never be erased.
In such a situation, having even the disciplinary disposition imposed on the offending student revoked would be deeply unjust, so it is important to seek the assistance of an administrative appeal attorney and prepare a strategy to prevent the revocation of the disposition.
A student who is a victim of school violence may participate in the administrative appeal and present an opinion directly, and our firm's specialized attorneys accompany the client through all of these legal procedures.
If you entrust your case in a situation like that of the client in this case, an administrative appeal attorney and a school violence attorney will review the case and present a tailored strategy.
If you need legal assistance, please proceed with a 🔗legal consultation appointment now.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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