Case Handled by the Ulsan Law Firm | Ulsan Law Firm Obtains a “Stay of Execution” of a School Violence Disposition

The Ulsan law firm was visited by a client who was implicated in a school violence charge and received a school violence disposition.

The client believed that the disposition imposed was excessive and, with the assistance of an attorney specializing in this field, wished to obtain a stay of execution of the disposition, and came to the Ulsan law firm.

Act on the Prevention of and Countermeasures against Violence in Schools, Article 17-3 (Administrative Litigation)

(1) A victimized student or the student's guardian who objects to a measure taken by the superintendent of education under Article 16 (1) and Article 17 (1) may file an administrative lawsuit under the “Administrative Litigation Act.”

(2) A perpetrating student or the student's guardian who objects to a measure taken by the superintendent of education under Article 17 (1) may file an administrative lawsuit under the “Administrative Litigation Act.”

(3) The superintendent of education shall notify the victimized and perpetrating students or their guardians, and the schools to which the victimized and perpetrating students belong, of the filing of the administrative lawsuit under paragraphs (1) and (2), and

shall provide written guidance on matters concerning intervention in the litigation under Article 16 of the “Administrative Litigation Act.”

Period for Filing

The lawsuit must be filed within 90 days from the date on which the person became aware of the disposition, and may not be filed once one year has elapsed from the date the disposition was made. (Where an administrative lawsuit is filed after going through an administrative appeal, the period is calculated from the “date of receipt of the authentic copy of the written ruling of the administrative appeal.”)

Types

Revocation lawsuit, lawsuit for confirmation of invalidity and the like, and lawsuit for confirmation of illegality of omission

The Ulsan law firm devised a systematic strategy in order to obtain a stay of execution.

The Ulsan law firm made the following arguments.

The court accepted the arguments of the Ulsan law firm and rendered a judgment stating, “The community service disposition imposed by the respondent on the applicant shall be stayed in its execution until the pronouncement of judgment in the case.”