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Q
School violence attorney, please tell me about the administrative appeal related to school violence.
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Hello, school violence attorney. I am a parent with a daughter in the first year of middle school. Recently, my daughter received a school violence disposition due to a conflict with a friend. From our perspective, there are parts that are difficult to accept, so we would like to file an objection. I heard from people around me that we can contest it through an administrative appeal, and I would be grateful if you could explain in detail what kind of procedure an administrative appeal is.
School violence attorney
School violence perpetrator
Answer to Related Inquiry
Author: 김국일
Hello. I am a school violence attorney at Daeryun Law LLC.
First, I fully understand how alarmed and worried you, as a parent, must have felt.
The administrative appeal you mentioned is an official rights-relief procedure for contesting an unlawful or unjust administrative disposition.
As a school violence attorney, I will explain in detail.
The perpetrating student's side (the student or the guardian) can raise an objection through an administrative appeal against the disposition of the district office of education or the Superintendent of Education.
An administrative appeal must be filed with the administrative appeals commission of the relevant office of education.
You must file within 90 days from the day you become aware that there is a disposition regarding the education superintendent's measure.
In addition, you cannot file once 180 days have passed from the day the disposition was made, so please keep this in mind.
When proceeding with an administrative appeal, merely claiming that it is unfair is not enough.
You must prove, with objective materials, that the disposition differs from the facts or that there was a procedural problem, or the degree of the child's remorse and the minor nature of the matter.
Because an administrative appeal is not a mere submission of documents but a procedure that requires examining both the actual legal principles and the facts, it is very important to prepare efficiently and strategically with the assistance of a school violence attorney.
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EunYoung Kim
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Prosecutor experience at Seoul Southern District Prosecutors’ Office and Uijeongbu District Prosecutors’ Office
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