CONTENTS
- 1. School Violence Disciplinary Measure | Case Details
- 2. School Violence Disciplinary Measure | Types
- - Procedure for Responding to a School Violence Disciplinary Measure
- 3. School Violence Disciplinary Measure | Assistance From the Attorney Specializing in School Violence
- - Proof of the Facts Through Cooperation With the Digital Forensics Center
- - Argument on the Unfairness of the Severity of the Measure
- - Pointing Out the Procedural Defect
- 4. School Violence Disciplinary Measure | Court Judgment
- - School Violence Disciplinary Measure FAQ
1. School Violence Disciplinary Measure | Case Details
The client who asked for assistance with the procedure to contest a school violence disciplinary measure was the parent of a child in the first year of middle school.
While the client's child was chatting with friends in a KakaoTalk group chat room, one student in the group chat made disparaging and sexual remarks about a victim student.
The client's child did not actively endorse those remarks or make any specific comment, but, wishing to maintain relationships with friends given the mood of the conversation, simply gave reactions such as “lol,” “whoa,” and “that's a bit…”
However, when the victim student captured the contents of the chat room and reported it to the school, all of the students in the chat room were classified as perpetrators of school violence, and the School Violence Countermeasures Deliberation Committee imposed a school violence disciplinary measure of community service on the client's child.
The client therefore decided to file a lawsuit to revoke the school violence disciplinary measure and entrusted the case to an attorney at Daeryun specializing in school violence.
2. School Violence Disciplinary Measure | Types
🔗The School Violence Countermeasures Deliberation Committee comprehensively considers the severity of the harmful conduct, the degree of harm to the victim, and the student's attitude of remorse, and then decides on one of the following nine levels of measures.
Category | Content of the Measure |
Level 1 | Written apology to the victim student |
Level 2 | Prohibition of contact with, and of retaliation against, the victim student or the person who reported or filed the accusation |
Level 3 | Service within the school |
Level 4 | Community service |
Level 5 | Completion of special education or psychological treatment |
Level 6 | Suspension from attendance |
Level 7 | Transfer to another class |
Level 8 | Transfer to another school |
Level 9 | Expulsion |
A school violence disciplinary measure is recorded in the school records and has a significant effect on matters such as the student's admission to higher education.
Procedure for Responding to a School Violence Disciplinary Measure
If one wishes to contest a school violence disciplinary measure, the measure can be disputed through an administrative appeal before the Office of Education and through administrative litigation.
Procedure | Main Content |
Notification of the disciplinary decision | Receipt of the decision of the School Violence Countermeasures Deliberation Committee |
| Administrative appeal | A request for revocation is possible where the disposition is unlawful or unjust |
Administrative litigation | A lawsuit to revoke the school violence disciplinary measure is filed with the administrative court |
Judgment and follow-up measures | Once a revocation judgment becomes final, a request to delete the disciplinary record is possible |
If you have received a school violence disciplinary measure, before responding you should suspend the effect of the measure by filing for a provisional injunction with the court, so that an unfavorable situation can be prevented.
Our firm works together with attorneys specializing in civil matters and attorneys specializing in administrative matters to accompany clients through such response procedures.
3. School Violence Disciplinary Measure | Assistance From the Attorney Specializing in School Violence
In this case, the attorney specializing in school violence provided assistance through a three-stage strategy: reconstruction of the facts, review of procedural illegality, and proof of the unfairness of the severity of the measure.
Proof of the Facts Through Cooperation With the Digital Forensics Center
The attorney specializing in school violence cooperated with the Digital Forensics Center to recover the entire contents of the group chat room and to analyze the flow of the conversation.
As a result, it was clearly established that the client's child had never made any criticism, abusive language, or sexual remarks about the victim student and had only expressed emotional reactions.
The attorney specializing in school violence argued, on the basis of objective data, that the client's child had no intent to commit school violence.
Argument on the Unfairness of the Severity of the Measure
The attorney specializing in school violence compiled and submitted the student's diligent school records, statements from the homeroom teacher and the student guidance teacher, and a letter of reflection, among other materials.
The school records confirmed that the client's child had served as a class representative, had excellent academic achievement, and had been exemplary in club activities as well.
On this basis, the attorney argued that “the Level 4 school violence measure was excessive in light of the facts and was an unlawful disposition that violated the standards governing the severity of measures.”
Pointing Out the Procedural Defect
The disciplinary notice received by the client's child did not specifically state the reasons for the school violence disciplinary measure.
Accordingly, the attorney specializing in school violence raised the defect in the notice of the decision of the School Violence Countermeasures Deliberation Committee and argued that the disposition in this case was unlawful.
4. School Violence Disciplinary Measure | Court Judgment
The court fully accepted the arguments of the attorney specializing in school violence.
“There is no evidence that the client's child committed any act of insult or criticism against the victim student, and a passive reaction in the group chat room alone makes it difficult to find an intent of joint participation. In addition, because the reasons for the disposition of the School Violence Countermeasures Deliberation Committee were not specifically stated, a procedural defect is recognized.”
On the basis of this reasoning, the court rendered a judgment revoking the community service (Level 4) disposition imposed on the client's child.
As a result, no record of the school violence disciplinary measure remained in the school records of the client's child, and the child thus avoided any disadvantage.
School Violence Disciplinary Measure FAQ
| Question | Answer |
| Q1. If a community service measure is imposed, does it remain in the school records? | Yes. If a school violence disciplinary measure is imposed, it is recorded in the school records. However, if a judgment revoking the disciplinary measure is obtained from the court, the record can be deleted. |
| Q2. If the School Violence Countermeasures Deliberation Committee did not properly follow the procedures, is there a possibility of revoking the committee's disposition? | Yes, there is. If the committee does not state its reasons or does not guarantee the student's and guardian's right to make statements, the disposition can be revoked through litigation. |
| Q3. If administrative litigation is filed, will it not cause a disadvantage to the student's status? | No, it will not. Administrative litigation is a legal remedy procedure, and before the litigation proceeds it is also possible to file for a provisional injunction suspending the effect of the disciplinary measure. |
Even if a school violence disciplinary measure has been imposed, as in this case, responding through cooperation between an attorney specializing in school violence and the Digital Forensics Center can lead to a judgment revoking the disciplinary measure.
If you are concerned about a school violence disciplinary measure, we recommend that you arrange a 🔗Legal Consultation Booking and, from the early stage of the case, receive the assistance of an attorney specializing in school violence to systematically prepare everything from analysis of the facts to response before the School Violence Countermeasures Deliberation Committee and litigation.
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.
