[Daejeon School Violence Defense Success Case] Stay of Execution Obtained With the Assistance of a Daejeon School Violence Attorney

CONTENTS

1. Analysis by the Daejeon School Violence Attorney
- - Analysis by the Daejeon School Violence Attorney: Facts of the Case
- - Analysis by the Daejeon School Violence Attorney: Facts Reported by the Client
- - Analysis by the Daejeon School Violence Attorney: Facts Reported by Mr. A
- - Analysis by the Daejeon School Violence Attorney: The Client's Disposition
- - Analysis by the Daejeon School Violence Attorney: Mr. A's Disposition
2. Rebuttal by the Daejeon School Violence Attorney
- - Rebuttal by the Daejeon School Violence Attorney: The Client's Unfair Treatment
3. The Decision Obtained With the Help of the Daejeon School Violence Attorney
4. Stay of Execution as Explained by the Daejeon School Violence Attorney
5. Closing Remarks by the Daejeon School Violence Attorney

1. Analysis by the Daejeon School Violence Attorney

The Daejeon school violence attorney analyzed the case closely.

Analysis by the Daejeon School Violence Attorney: Facts of the Case

The client who came to the Daejeon school violence attorney and a classmate (Mr. A) each reported the other as having committed school violence, filing reports as mutual offenders and victims, and the matter went through review by the School Violence Countermeasures Committee.

Analysis by the Daejeon School Violence Attorney: Facts Reported by the Client

The client reported, as school violence, that Mr. A had cursed at the client who came to the Daejeon school violence attorney for the stay-of-execution disposition in front of other classmates and had used violence under the guise of play.

Analysis by the Daejeon School Violence Attorney: Facts Reported by Mr. A

Mr. A reported, as school violence, that the client had continuously harassed Mr. A, used profanity, and shown irritation toward him.

Analysis by the Daejeon School Violence Attorney: The Client's Disposition

The School Violence Countermeasures Committee ordered the client, who had requested the assistance of the Daejeon school violence attorney, to perform community service at the school, among other measures.

Analysis by the Daejeon School Violence Attorney: Mr. A's Disposition

The School Violence Countermeasures Committee issued a disposition of no action against Mr. A.

2. Rebuttal by the Daejeon School Violence Attorney

The Daejeon school violence attorney took the view that, in this case, an unfair disposition had been issued based solely on Mr. A's statement, with the client's account not being accepted.

Rebuttal by the Daejeon School Violence Attorney: The Client's Unfair Treatment

The client who requested the help of the Daejeon school violence attorney had never continuously harassed Mr. A or used profanity toward him. There may have been a light push to express dissatisfaction with, or to resist, Mr. A's violence disguised as play, but this was only because Mr. A had first provided the cause, and there was no ongoing harassment whatsoever.

Rather, Mr. A committed school violence by continuously inflicting mental stress on the client, such as speaking ill of the client to other classmates.

Even though Mr. A had committed wrongdoing against the client who came to the Daejeon school violence attorney, Mr. A's wrongdoing was not acknowledged on the ground that no material confirming the facts of the conflicting accounts could be found, and Mr. A received no measure at all.

3. The Decision Obtained With the Help of the Daejeon School Violence Attorney

With the help of the school violence attorney at Daeryun Law Firm in Daejeon, including the rebuttal, the client obtained a stay of execution against the decision of the School Violence Countermeasures Committee.

4. Stay of Execution as Explained by the Daejeon School Violence Attorney

The Daejeon school violence attorney will explain the stay of execution under the School Violence Prevention Act.

[Act on the Prevention of and Countermeasures against School Violence]

Article 17-4 (Stay of Execution)

(1) Where the Administrative Appeals Commission or a court intends to make a decision to stay execution, with respect to a measure under Article 17 (1), pursuant to the Administrative Appeals Act Article 30 or the Administrative Litigation Act Article 23, it shall hear the opinion of the victimized student or his or her guardian. Provided, that hearing of opinion may be omitted where the victimized student or his or her guardian has clearly expressed the intent to waive the opportunity to state an opinion, and in similar cases.

(2) Where the Superintendent of Education or the head of an Office of Education is notified by the Administrative Appeals Commission or a court of the filing of an application for a stay of execution and its outcome, he or she shall notify the victimized student or his or her guardian and the schools to which the victimized and offending students belong of such fact and outcome.

(3) Where an application for a stay of execution of a measure under Article 17 (1) is granted, the victimized student and his or her guardian may request the head of the school to separate the offending student, and the head of the school shall separate the offending student from the victimized student after review by the dedicated organization.

(4) Matters necessary for the procedures, methods, exceptions, and similar aspects of hearing of opinion under paragraph (1) shall, in the case of a stay of execution under the Administrative Appeals Act Article 30, be prescribed by Presidential Decree, and in the case of a stay of execution under the Administrative Litigation Act Article 23, be prescribed by Supreme Court Regulations.

5. Closing Remarks by the Daejeon School Violence Attorney

If you object to being designated as an offender of school violence through the School Violence Countermeasures Committee and being subject to punishment, you may file an administrative appeal under the Administrative Appeals Act.

At the school violence practice team of Daeryun Law Firm (LLC) in Daejeon, attorneys work to resolve unfair treatment and to help the client who came to the Daejeon school violence attorney achieve the desired outcome.

If you are facing a situation similar to this case, you may reach out to Daeryun Law Firm, where Daejeon school violence attorneys are available.

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