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Q

How do I proceed with school violence administrative litigation? I want to contest the result of the school violence committee.

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Hello. My child has received School Violence Disposition No. 3 this time. My child stated throughout the school violence committee proceedings that they had never engaged in any conduct constituting school violence. Even so, receiving such a disposition feels deeply unfair. How should I prepare for school violence administrative litigation? If I win the administrative litigation, will the result change?

School violence administrative litigation

School administrative litigation

School violence administrative appeal

A

Answer to Related Inquiry

You have asked about school violence administrative litigation. If you have an objection to a school violence decision, you may apply for relief through two methods: an administrative appeal and administrative litigation.

An administrative appeal and administrative litigation are similar but have differences.

First, an administrative appeal is filed with the administrative appeals commission of the relevant office of education, and compared to administrative litigation, it has the advantage that the procedure is simpler and a faster result can be obtained.

An administrative appeal must be filed within 90 days from the day you become aware of the disposition, and within 180 days from the day it was made.

If you cannot accept the result of such an administrative appeal either, you may prepare for administrative litigation.

Administrative litigation is handled by the court with jurisdiction, and it must be filed within 90 days from the day you become aware of the disposition, and within 1 year from the day it was made.

However, because an administrative appeal and administrative litigation require objective evidentiary materials capable of changing the result, we recommend that you file only after completing sufficient collection and review of materials.

Even if you file an administrative appeal and administrative litigation, the effect of the disciplinary action continues, so in order to suspend such disciplinary action, it is advisable to also file an application for a stay of execution of the administrative disposition.

If the evidentiary materials for the school violence administrative litigation are insufficient, we recommend that you obtain legal advice and prepare for the administrative appeal and administrative litigation.

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Attorney JaeBong JEONG

JaeBong JEONG

T. 070-7510-1820

Experience as chief prosecutor at Uijeongbu District Prosecutors’ Office and chief prosecutor at Busan District Prosecutors’ Office

Attorney JiHye GWON

JiHye GWON

T. 070-5221-2805

Holds teaching qualification

Attorney JiSun HEO

JiSun HEO

T. 070-7510-1755

Full text of the response from the School Violence Response Committee

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