Administrative Lawsuit against School Violence Committee Measures

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Receiving the notice or written decision
2. 2Filing the complaint
3. 3Applying for a stay of execution
4. 4Answer and submission of records
5. 5Pleadings
6. 61st-instance judgment
7. 7Appeal and final appeal
8. 8Final judgment and correction of the school record

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

For lawsuits by the offending student's side, judgment within 90 days from the filing date at the 1st instance and within 60 days each at the appellate and final appeal levels; for lawsuits by the victim's side, it varies by case

Cost

Stamp fee KRW 230,000 (for 1 measure, based on a claim value of KRW 50,000,000), service fee separate, stamp fee reduced by 10% for electronic filing, lawyer fees separate

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   You receive the superintendent's notice of the decision on measures. If you went through an administrative appeal, you receive the written decision. The period in which you can file a lawsuit (the filing period) is counted from the date you receive the document, so keep the envelope and the date of receipt. Preparing the complaint and the application for a stay of execution takes time, so it is best to consult a lawyer within 60 days at the latest.

2. 2

   File the complaint within 90 days from the day you learned of the measures and within 1 year from the day they were taken (if you went through an administrative appeal, within 90 days from the day you received the written decision) (Administrative Litigation Act §18, §20). The other party (defendant) is the superintendent, and you file with the administrative court (in areas without one, the main district court). In the complaint, state why the measures should be cancelled (mistaken facts, procedural violations, abuse of discretion) and the evidence. You can also file electronically.

3. 3

   For measures carried out right away, such as a transfer, suspension from attendance or class transfer, apply to the court for a stay of execution (stopping the measures until judgment) together with the complaint (Administrative Litigation Act §23). This is because the measures are carried out as is even during the lawsuit. The court either holds a hearing date to hear both sides or decides on the documents alone, and must hear the victim's side before deciding (School Violence Prevention Act §17-4(1)).

4. 4

   The superintendent submits an answer together with the deliberation records, such as the deliberation committee's minutes, statements and written opinions. If you went through an administrative appeal, the court can also order the administrative appeal records to be submitted upon request (Administrative Litigation Act §25). The guardian inspects and copies these records to find procedural violations and mistaken facts (facts that were misjudged), and submits a preparatory brief rebutting them.

5. 5

   In the pleadings (the trial in which both sides present their arguments in court), the court examines whether the facts are right, whether the deliberation committee followed the procedures, such as giving notice to appear and a chance to state views, and whether the level of the measures is appropriate. If needed, apply for the examination of teachers and students as witnesses and for a fact inquiry to the school.

   Current step
6. 6

   The court issues a judgment cancelling the measures or a judgment dismissing (not accepting) the claim. Lawsuits filed by the offending student's side are handled quickly ahead of other trials: the 1st-instance judgment must be issued within 90 days from the day the lawsuit was filed, and appellate and final appeal judgments within 60 days each from the date the lower court's judgment was issued (School Violence Prevention Act §17-5).

7. 7

   You can appeal to the High Court within 2 weeks from the day you receive the written judgment. If you also cannot accept the appellate judgment, file a final appeal to the Supreme Court within 2 weeks (Administrative Litigation Act §8 · applying Civil Procedure Act §396, §425). Even if the guardian's side (plaintiff) wins, the superintendent can appeal, so the procedure may continue until the judgment becomes final.

8. 8

   Once a judgment of cancellation becomes final, the superintendent and the school must follow it. The measures are treated as if they never existed, and the entry in the school record is deleted or corrected (Administrative Litigation Act §30). If a dismissal becomes final, the measures remain in place, and the entry in the school record is deleted only after the retention period has passed.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhich court do I file with, and can I file online?

File with the administrative court that has jurisdiction over the area where the superintendent (local office of education) is located. If there is no administrative court in the area, file with the administrative division of the main district court. You can also submit the complaint and evidence through the Supreme Court's electronic litigation website, in which case the stamp fee is also reduced.

QHow much does it cost?

In a lawsuit to cancel measures, the value of the claim (the amount at stake in the lawsuit) is deemed to be KRW 50,000,000. So the stamp fee is KRW 230,000 for 1 measure.If you challenge several measures together in one lawsuit, the values of the claims are added up and the stamp fee may increase. The service fee is paid in advance according to court standards, based on the number of parties.If you file electronically, the stamp fee is reduced by 10%. Lawyer fees are separate.

QDo I have to go through an administrative appeal first?

It is not required. For school violence committee measures, you can file an administrative lawsuit (a lawsuit challenging the decision in court) directly without an administrative appeal (a procedure to challenge a decision before an administrative body). If you went through an administrative appeal, file the lawsuit within 90 days from the day you received the written decision.

QWhat happens to the entry in the school record during the lawsuit?

The entry in the school record stays as is during the lawsuit. This is because filing a lawsuit does not stop the effect of the measures.However, if the court decides to suspend the effect of the measures, the situation becomes the same as if there had been no measures.So the school must immediately delete the measures from the school record. The Supreme Court held that merely adding the words "stay of execution in effect" is not enough.

QIf we win and the measures are cancelled, is the school record also cleared?

Yes, it is deleted. Once the judgment cancelling the measures becomes final, the entry in the school record is also deleted.However, measures are sometimes cancelled only because of a procedural defect (error). Supreme Court precedent holds that in this case the education office can cure the defect and impose the measures again.So you should check whether the measures were cancelled because of the facts or because of the procedure.

QCan a guardian bring the lawsuit without a lawyer?

Yes, they can. If the student is a minor, the guardian can conduct the lawsuit directly as the legal representative.However, it is hard to find procedural violations in the deliberation records and lead the examination of witnesses on your own. For cases with serious consequences, such as a transfer or suspension from attendance, it is safer to get a lawyer's help.