Deals & Cases

Lawsuit seeking revocation of a school violence disciplinary action
Lawsuit seeking revocation of a school violence disciplinary actionFavorable judgment

School Violence Measure No. 8 | Student Found to Have Committed School Violence and Subjected to a Transfer Disciplinary Measure Under Measure No. 8, Resolved Through Revocation of the Measure

The client, who received a School Violence Measure No. 8 disciplinary measure, considered the measure excessive and came to Daeryun, and with the assistance of a school violence attorney, the matter was concluded with a judgment revoking the school violence measure.

1. The Client Who Received a School Violence Measure No. 8 Disposition

The circumstances of the client who requested a consultation after receiving a School Violence Measure No. 8 disposition are as follows.

Circumstances of the Case in Which the School Violence Measure Was Imposed

School Violence Measure No. 8 | Student Found to Have Committed School Violence and Subjected to a Transfer Disciplinary Measure Under Measure No. 8, Resolved Through Revocation of the Measure

The client was a high school student who maintained a close relationship with the other student while attending school.

The client and the other student ordinarily exchanged sexual jokes and maintained an amicable friendship.

On the day of the incident, the client, as usual, made a joke and spoke to the other student.

The other student, however, suddenly began to grow angry at the client's remarks, and the flustered client likewise raised his voice.

In this process, the client made abusive and sexual remarks toward the other student, and the other student filed a report, asserting that the client's remarks constituted school violence.

The School Violence Countermeasures Committee was convened, and the client was found to be a student who had committed school violence and received a School Violence Measure No. 8 transfer disposition.

Considering the School Violence Measure No. 8 disposition excessive, the client requested a consultation with a school violence attorney regarding revocation of the school violence measure.

School Violence Measure No. 8, the Assistance of the School Violence Attorney

Article 19 of the Enforcement Decree of the Act on the Prevention of and Countermeasures against School Violence (Criteria for Applying Measures against Students Who Commit School Violence)

1. The seriousness, persistence, and intentionality of the school violence committed by the student

2. The degree of the student's remorse

3. The possibility of the student's rehabilitation through the measure concerned

4. The degree of reconciliation between the student who committed school violence and the student's guardian, on the one hand, and the affected student and the student's guardian, on the other

5. Whether the affected student is a student with a disability

1) Reconciliation with the affected student and the affected student's expression of an intention toward leniency

The school violence attorney emphasized that the client sincerely repented and reflected on his wrongdoing and had sincerely apologized to the affected student.

The attorney further proved, by submitting a written settlement, that the affected student accepted the apology and that an amicable settlement was reached, and on that basis argued that, in terms of the ‘degree of reconciliation’ under Article 19, Item 4 of the Enforcement Decree of the School Violence Prevention Act, complete reconciliation had been achieved.

2) Emphasizing the client's genuine remorse and the possibility of rehabilitation


By submitting the client's written apology, the attorney proved, through a certificate of completion and a counseling confirmation, that the client had deeply reflected on his conduct and sought forgiveness, and that the client had completed special education on the prevention of school violence and education on gender sensitivity, thereby resolving to prevent recurrence.

On that basis, the attorney emphasized that, in light of the client's attitude, the degree of the student's remorse under Article 19, Items 2 and 3 of the Enforcement Decree of the School Violence Prevention Act was very deep and that the possibility of rehabilitation was also high.


3) Argument of a violation of the principle of proportionality


The school violence attorney argued a violation of the principle of proportionality by citing Article 17, Paragraph 1 of the School Violence Prevention Act, which provides that ‘the various measures under the School Violence Prevention Act are intended to protect the affected student and to guide and educate the student who committed school violence.’

On that basis, the attorney argued that the affected student did not wish for punishment, that the client was suffering severe mental distress, and that the client had already sustained significant harm to his studies as a result of the transfer disposition, thereby emphasizing that the disadvantage suffered by the client was markedly greater than the public interest achieved by the disposition in the case.

Concluded with Revocation of the School Violence Measure

The court comprehensively considered the circumstances of the case, whether reconciliation with the affected student had been achieved, and the client's genuine remorse and efforts to prevent recurrence, and determined that the transfer disposition violated the principle of proportionality.

Accordingly, finding that the School Violence Measure No. 8 transfer disposition should be revoked, the court rendered a judgment revoking the disposition.

As a result, the client had the transfer measure withdrawn and was able to return to the school he had originally attended and resume his daily life and studies.

2. School Violence Measure No. 8, Types of School Violence Dispositions

School violence refers to any act, whether inside or outside the school, in which a student inflicts mental or property harm on another student through assault, bodily injury, ostracism, sexual violence, and the like.

When a school violence matter arises, the School Violence Countermeasures Committee, that is, the school violence committee, is convened, and a school violence disciplinary disposition is imposed according to its deliberation.

Types of School Violence Disciplinary Measures

Measure No. 1

Written Apology

The student submits a written apology to the school

Measure No. 2

Prohibition of Contact, Threats, and Retaliation

The student who committed school violence is prohibited from approaching the affected student

Measure No. 3

In-School Service

Service activities within the school

Measure No. 4

Community Service

Service at social welfare institutions, public institutions, or administrative agencies

Measure No. 5

Completion of Special Education or Psychological Treatment

Completion of special education through experts inside or outside the school, or psychological treatment

Measure No. 6

Suspension of Attendance

Suspension of attendance for five to ten days

(grade retention if the days of attendance fall short)

Measure No. 7

Class Reassignment

Reassigning the class of the student who committed school violence to another class within the same school

Measure No. 8

Transfer

A measure transferring the student who committed school violence (compulsory transfer)

Measure No. 9

Expulsion

Expulsion of the student who committed school violence (applicable only to high school students)

School Violence Measure No. 8 corresponds to a transfer disposition and is retained for four years after graduation.

Because the record is not subject to deletion from the school life record while the university admissions process is underway, disadvantages may follow, and caution is required.

3. Response Strategies for a School Violence Measure No. 8 Disposition

Where a serious disposition such as School Violence Measure No. 8 is anticipated, a response that conforms to the procedures and criteria becomes essential.

Response Strategies

Response Strategy

Details

Organizing the facts

Objectively organizing the circumstances of the case, the context of the remarks and conduct,

and any parts that may give rise to misunderstanding

Remorse and efforts to prevent recurrence

Preparing a written apology and completing special education or counseling,

along with materials that demonstrate the possibility of rehabilitation

Organizing the relationship with the affected student

The possibility of reconciliation and whether an intention toward leniency exists,

confirming whether the relationship has been restored

Review of procedures and criteria

Reviewing whether the level of the disposition conforms to the statutory criteria

and the principle of proportionality

A School Violence Measure No. 8 disposition is not infrequently imposed without the facts being sufficiently reflected or without the degree of remorse and the possibility of rehabilitation being properly considered.

A school violence attorney can closely review the case records and the disposition criteria and provide assistance by organizing the overall procedure so that all circumstances favorable to the student are reflected without omission.

If you need a direction for responding to a School Violence Measure No. 8 disposition, 🔗a legal consultation reservation may help you review a response strategy suited to your current situation.

학교폭력8호 | 학교폭력 8호 전학 징계받은 가해학생, 처분 취소로 종결

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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Attorney JiSun HEO

JiSun HEO

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Full text of the response from the School Violence Response Committee

Attorney Kyung Kook Roh

Kyung Kook Roh

T. 070-7510-2139

Attorney specializing in school violence

Attorney DaeWon KIM

DaeWon KIM

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Incheon Southern Office of Education School Violence Response Review Committee member experience

Attorney YoungMin Kim

YoungMin Kim

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Attorney specializing in school violence

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