Application for a Stay of Execution

Which step are you at?

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

1. 1Assessing urgency
2. 2Preparing supporting materials
3. 3Applying for a stay of execution
4. 4Superintendent's opinion
5. 5Hearing
6. 6Decision
7. 7Notifying the school and continuing to attend

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

Time required

The time from application to decision varies by case (depending on whether there is a hearing and how urgent it is); the effect lasts until the point set in the decision

Cost

No cost for an administrative appeal; filing with a court involves a stamp fee and service fee

Procedure guide

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

1. 1

   Measures such as a transfer (No. 8), suspension from attendance (No. 6) and class transfer (No. 7) are carried out as soon as they are notified. First check whether your child's measures are of this kind and whether carrying them out would cause harm that is hard to undo. A stay of execution can be applied for only when there is a main case (an administrative appeal or administrative lawsuit), so you cannot file for a stay of execution alone without a main case.

2. 2

   Collect materials showing that "harm that is hard to recover from will occur and it is urgent," such as interruption of studies, disadvantages in university admission, a medical certificate of psychological harm, and commuting distance, and also organize your reasons for challenging the measures in the main case. If the need to protect the victim is judged to be great, the application may be dismissed. So it is best to also propose "ways to stay apart from the victim," such as complying with the no-contact order and separating routes.

3. 3

   If you filed an administrative appeal, submit the application for a stay of execution to the administrative appeals commission; if you filed an administrative lawsuit, submit it to the court (Administrative Appeals Act §30 · Administrative Litigation Act §23). File it together with the petition or complaint in the main case, or right after.

4. 4

   The superintendent (the body that imposed the measures) can submit an opposing opinion on grounds such as the need to protect the victim. The disposition authority must assert and make a prima facie showing of any risk of a serious effect on public welfare (Supreme Court Order 2004Mu6 dated 2004. 5. 17.). Guardians should prepare rebuttal materials in advance.

5. 5

   A court either holds a hearing date to call both sides and hear their views or reviews the documents alone. The administrative appeals commission and the court must hear the views of the victim or guardians before deciding (School Violence Prevention Act §17-4(1)).

6. 6

   If the requirements are sufficiently shown, a decision is issued stopping the effect of the measures until a certain point after the decision or judgment in the main case. A stay of execution is granted only if there is an urgent need to prevent harm that is hard to recover from (or serious harm) and there is no serious effect on public welfare (Administrative Litigation Act §23(2)(3), Administrative Appeals Act §30(2)(3)), and the claim in the main case must not be clearly without merit (Supreme Court Order 2004Mu6 dated 2004. 5. 17.). For school violence measures, this is judged case by case, weighing the likelihood of winning the main case, the disadvantage suffered if the measures are kept, the degree and seriousness of the school violence, the need for guidance, and so on (Supreme Court Order 2025Mu565 dated 2025. 9. 9.).

7. 7

   When you submit the decision to the school and the office of education, the transfer or suspension from attendance is postponed, and the student keeps attending the original school. However, if the victim's side requests it, the principal must separate the two students after deliberation by the dedicated team (School Violence Prevention Act §17-4(3)). Also, a stay of execution does not remove the measures but only pauses them, so if you lose the main case, the measures are carried out again.

   Current step

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhere do I file the application for a stay of execution, and how much does it cost?

File it where you filed the main case (the procedure challenging the measures themselves). There is no cost when you file with the administrative appeals commission.When you file with a court, there is a stamp fee of KRW 2,000 and a service fee. Filing it on the same day as the petition or complaint in the main case is fastest.

QHow long does it take to get a decision?

A court either holds a hearing date or decides on the documents. How long it takes varies by case and court. The administrative appeals commission decides after a hearing by the commission.If waiting would risk serious harm, the chair may first make a decision in place of the commission's decision. If the scheduled date for carrying out the transfer is close, it is best to write that date in the application to show the urgency.

QIf a stay of execution is granted, does my child not have to transfer, and do the other measures stop too?

No. Only the measures you asked to stop and that were accepted are stopped.If you obtained a stay of execution (temporarily stopping the effect of the decision) of a transfer, your child can attend the original school. But other measures imposed at the same time, such as a no-contact order (No. 2) or special education, must still be carried out.

QWhat happens if the application is dismissed?

The measures are carried out as scheduled. Against a court's dismissal, you can file an immediate appeal (a challenge within a short deadline) within 1 week from the day you are notified of the decision.The Administrative Appeals Act has no separate procedure to challenge the commission's dismissal of a stay of execution. So review with a lawyer whether to wait for the outcome of the main case or to file an administrative lawsuit and apply to the court for a stay of execution.

QCan a guardian apply without a lawyer?

You can download the application form itself from the court or administrative appeals (a procedure to challenge a decision before an administrative body) websites and write it yourself. However, you must prove with materials that "there is harm that is hard to recover from" and that "it will not interfere with protecting the victim," and the deadline is tight.