Deals & Cases
Ulsan School Violence Attorney | Client Subject to a Disciplinary Action for School Violence Prevails in a Revocation Lawsuit With the Attorney's Assistance
The client who came to the Ulsan school violence attorney had been subject to a disciplinary action on the ground that the client had committed school violence against a fellow student at the same school, and with the attorney's assistance, the client filed a lawsuit to revoke the disciplinary action and prevailed.
1. The Detailed Background of the Case as Seen by the Ulsan School Violence Attorney
The client who visited the Ulsan school violence attorney was a middle school student who was identified as a perpetrator of school violence by a friend who attended the same school.
The client strongly denied the allegation, stating that they had not bullied the friend, but ultimately the client was subject to a disciplinary action by the School Violence Countermeasures Deliberation Committee.
Objecting to this, the client filed a lawsuit against the Office of Education to revoke the disciplinary action.
What Was the Story of the Client Who Came to the Ulsan School Violence Attorney?
The client and A were students at the same school, and one day they happened to take the same bus home together.
Both being hungry, the two headed to a convenience store together right after getting off the bus.
Each selected the items they were going to buy, and A, who headed to the checkout counter first, suddenly seemed to remember an additional item that A needed to buy, and headed back to the shelves, leaving A's mobile phone on the checkout counter.
A convenience store employee who saw this told A to “take the mobile phone,” but A did not hear this.
At the time, A was holding food in both hands, so the client picked up the mobile phone on A's behalf.
Afterward, the client told A again to “take the mobile phone,” but because the convenience store was noisy at the time, A did not hear the client's words.
In that way, the two each finished paying and returned home.
A few hours later, A informed the client through social media that A had lost the mobile phone. The client, who had been worried about A, only then realized that the client had mistakenly taken A's mobile phone.
At the time, after finishing paying, the client had unconsciously placed the mobile phone together with the items into the bag, and returned home without being aware of it.
The client informed A of this fact, and said that the client would return the mobile phone the next day.
However, the next day A filed a criminal complaint against the client on a charge of theft, and also reported the client as a perpetrator of school violence.
Referred to the School Violence Countermeasures Deliberation Committee, the client continued to assert the client's innocence, but ultimately had to receive measures including community service and the completion of special education.
Unable to accept this, the client resolved to file a lawsuit against the Office of Education to revoke the school violence disciplinary action.
What Are the Relevant Statutes Explained by the Ulsan School Violence Attorney?
Act on the Prevention of and Countermeasures against Violence in Schools
Article 2 (Definitions) The definitions of the terms used in this Act are as follows.
1. The term “school violence” means an act that causes physical, mental, or property damage to a student, occurring inside or outside the school, through bodily injury, assault, confinement, intimidation, kidnapping or inducement, defamation or insult, extortion, coercion or forced errands, sexual violence, bullying, cyberbullying, and the like.
Article 3 (Duty of Care in Interpretation and Application)
In interpreting and applying this Act, care shall be taken to ensure that the rights of the people are not unduly infringed.
2. The Winning Strategy Established by the Ulsan School Violence Attorney
The Ulsan school violence attorney established a specialized strategy so that the disciplinary action imposed on the client could be revoked.
Ulsan School Violence Attorney Emphasizes That There Was No ‘Intent to Steal’
The client did not attempt to steal A's mobile phone.
if they had had the intent to steal A's mobile phone, the client would have turned off the power after obtaining the mobile phone at the convenience store, so that A could not locate it again.
However, the client did not even know that A's mobile phone was in the client's bag, and therefore did not even touch A's mobile phone.
In addition, after realizing that the client had mistakenly taken the mobile phone, the client immediately expressed the intention to return it.
This was conduct contrary to the reactions typically shown by thieves.
The Ulsan school violence attorney, based on these circumstances, emphasized that the client had no intent to steal.
Ulsan School Violence Attorney Emphasizes the Unfairness of the School Violence Deliberation Committee's Decision Process
The Office of Education, which received A's school violence report, held a meeting of the deliberation committee.
At this meeting, the committee members determined that on-campus bullying was established, on the ground that the police had made a ‘referral decision’ regarding this theft case.
However, this was a decision made on a mistaken premise.
It is true that the police initially issued a ‘referral decision’ in the client's case. However, the prosecutor who took over the case ordered the police to conduct supplementary investigation.
The reason was that digital forensics should be conducted on A's mobile phone to examine in detail whether the client had actually used A's mobile phone.
Such digital forensics was something the client had requested from the police investigation stage, but it had not been carried out due to A's objection.
However, with the prosecution's supplementary investigation order, an examination of A's mobile phone was ultimately conducted, and the conclusion was that there were no traces of operation whatsoever.
Accordingly, the police again issued a ‘no suspicion of crime disposition’ regarding the client.
However, the Office of Education decided on the disciplinary action looking only at the referral decision made at the outset, and this could only be regarded as highly unfair.
The Ulsan school violence attorney, referring to the unfairness of this decision process, emphasized that the disciplinary action should be revoked.
3. What Was the Result of the Ulsan School Violence Attorney's Assistance? ‘Revocation of the Disciplinary Action’
As a result of the Ulsan school violence attorney's assistance, the court decided that the prohibition of contact with the victim student, the prohibition of intimidation and retaliatory acts, the community service, and the completion of special education that the Office of Education had originally imposed on the client should all be revoked.
The court determined that, although the manner in which the client came to take the mobile phone was somewhat unusual, considering that the inside of the convenience store was crowded at the time, the client's assertion was also persuasive.
The court added that the client had first requested digital forensics on A's mobile phone during the police investigation, and that if they had had an intent to steal, it would have been difficult to make such a request.
If You Have Been Identified as a Perpetrator of School Violence?
Through this judgment, the court stated that whether a certain act occurring during ordinary school life constitutes ‘school violence’ as referred to in the School Violence Prevention Act must be determined by carefully examining its background and circumstances, the degree of the act, and the like.”
The court further emphasized that, because conflicts and disputes large and small can readily arise among students living their school lives, the concept of ‘school violence’ should not be expansively interpreted so as to produce an excessive number of perpetrators.
School violence, in particular, has recently become a significant social issue.
In the event of a disciplinary action, the related records remain for a long time, so this matter must always be viewed with a cautious attitude.
Daeryun Law Firm, to which the Ulsan school violence attorney belongs, has a team of attorneys with extensive related experience who assist clients.
If you have been identified as a perpetrator of school violence and are concerned about it, please reach out to Daeryun Law Firm.

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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