School Violence Administrative Appeal | Administrative Law Attorney Who Obtained Dismissal of a School Violence Victim's Demand for a Transfer Disposition

After obtaining and analyzing the CCTV footage submitted by the school, the administrative law attorney established that the client's conduct was not a one-sided assault but a momentary clash that occurred in the course of a mutual argument.

The attorney also emphasized that the victim did not in fact sustain any bodily injury and that the conduct was neither premeditated nor repeated violence.

The client consistently attended psychiatric counseling and psychological therapy after the incident, putting his remorse into practice.

The administrative law attorney submitted the related medical records and treatment certificates to prove this.

The administrative law attorney demonstrated that this incident was a single, accidental act, that there had been no prior friction or conflict with the victim, and that there was no sign whatsoever of recurrence thereafter.

In addition, by establishing that parental guidance and the school's mentoring activities were being carried out, the attorney highlighted the high likelihood that the student could be corrected.

The administrative law attorney cited the Daejeon High Court judgment 2024Nu10896, presenting as grounds the holding that “when imposing a serious measure such as a transfer on a student in the course of compulsory education, caution is required, and if objective and subjective mitigating grounds for the conduct exist, doubt may arise as to the lawfulness of a transfer disposition.”

Through this, the attorney logically emphasized that, at the administrative appeal stage, a transfer measure would be excessive in legal and proportionate terms.

With this assistance, the Administrative Appeals Commission was able to comprehensively consider the facts of the case, the degree of remorse, the likelihood of recurrence, and the efforts made to remedy the harm.

For school violence discipline, the school's dedicated body conducts an investigation and sends a report to the Office of Education's School Violence Countermeasures Deliberation Committee, which then assigns points according to set criteria and determines the level of discipline.

(1) Basic Assessment Criteria

(2) Additional Assessment Criteria

School violence disciplinary measures are classified into nine levels, from Level 1 to Level 9, and the level varies according to the score.

A student identified as a school violence offender must prepare the following at an early stage.

Such materials serve as key evidence demonstrating the potential for guidance and the will to correct one's conduct at the School Violence Committee and administrative appeal stages.

School violence disciplinary measures and administrative appeals involve a legal structure that is too complex for a student or guardian to handle alone, and the manner of presenting legal arguments and submitting evidence is demanding.

When an administrative law attorney and a school violence attorney work together, the client can obtain substantive remedy through processes such as analyzing the case record and constructing the logic of the defense, preparing the administrative appeal petition and evidentiary documents, rebutting the victim's claims and presenting precedent-based grounds, and establishing a strategy in preparation for future administrative litigation.

In addition, our firm, through cooperation with a criminal law attorney, also prepares countermeasures in preparation for the possibility that the victim may later pursue a criminal complaint.

To prevent excessive dispositions such as school transfer or suspension from attendance in a school violence administrative appeal, the initial response and the design of the legal argument play a decisive role.

As in the client's case, if the attitude of reflection and the potential for guidance are objectively established, and the response is grounded in legal principles and evidence, it is possible to prevent severe disciplinary dispositions such as school transfer or expulsion.

Accordingly, if you are considering a procedure to contest a school violence case, preparing a prompt and systematic response with the assistance of an administrative law attorney is a wise choice.

If you need assistance, please proceed with a 🔗legal consultation reservation with Daeryun Law Firm.