Is there a way to revoke a school violence disciplinary action?

Hello. This is an attorney specializing in school violence at Daeryun Law LLC.

Even where a school violence disciplinary action has been imposed, because there are procedures to contest the decision of the School Violence Countermeasures Deliberation Committee, revocation or mitigation of the disciplinary action is possible depending on the circumstances of the case and the evidence.

To contest a school violence disciplinary action, you can respond by means such as filing an administrative appeal or bringing administrative litigation.

When you have received an unfair school violence disciplinary action, you should first closely review the Committee's written disposition decision and the supporting materials.

If your child's statement was not sufficiently reflected during the deliberation, or the school did not go through an objective fact-verification procedure, this constitutes a procedural defect and can be a ground for revoking the disciplinary action.

In addition, if the Committee's judgment differs from the facts or is not supported by evidence, you can file an administrative appeal or administrative litigation on the ground of a misapprehension of facts.

An attorney specializing in school violence assists in these procedures in the following ways.

First, proving actual participation through digital forensic analysis or a review of the group chat room records.

Second, submitting materials that prove the child's usual conduct, such as the school life record, teacher statements, and grade and attendance records, to highlight the student's character and diligence.

Third, reviewing whether the Committee's written notice of disposition met the legally required condition of stating the grounds.

If the reasons for the disposition are not clearly stated in the notice, there is room for it to be judged an unlawful disposition.

Along with this, if it is necessary to immediately suspend the effect of the disciplinary action, you may temporarily prevent the disadvantage to the student's school life through an application for a stay of execution before bringing administrative litigation.

In particular, for a middle school student, even an order of community service remains on the academic record and the school life record, so the provisional injunction is a very important procedure.

Finally, to revoke the disciplinary action, a response centered on legal grounds and objective evidence, rather than emotional appeals, is the key.

An attorney specializing in school violence does not merely assert unfairness but conducts the lawsuit to revoke the school violence disciplinary disposition by comprehensively reviewing defects in the administrative procedure, analysis of evidence, and interpretation of the statutes.

Because the direction of the initial response determines the outcome in school violence cases, we recommend promptly securing the relevant materials together with an attorney specializing in school violence and proceeding with the legal procedures.