Gwangju Attorney Assistance | Client Wrongly Subjected to a School Violence Disposition Obtains a Stay of Execution

2024.08.20정찬우

The client who came to the Gwangju attorney, after unfairly receiving a school violence disposition, requested a consultation with the attorney at the Gwangju office in order to resolve the case with the help of a specialist attorney.

1. The Client Who Sought a Gwangju Attorney

Gwangju attorney-stay of execution — Clicking the image above will show information about school violence.

The client who came to a Gwangju attorney held a consultation with an attorney at the Gwangju office in order, with the assistance of a specialist attorney, to obtain a stay of execution against the school violence disposition.

How the Client Came to Seek a Gwangju Attorney

The client in this case was a high school student who had been dating a girlfriend in the same class for six months.

One day, in order to capture his girlfriend's appearance in a mobile phone video, he filmed her and saved a captured image of the video in his photo album.

A few months later, the client and his girlfriend broke up over a minor argument, and she got a new boyfriend.

One day, while the client was walking home alone, she and her boyfriend suddenly approached him and demanded that he show them his mobile phone photo album.

When the client refused this demand, the boyfriend took the phone and looked at the photo album, and discovered the photo of his ex-girlfriend that had been captured a few months earlier.

Upon seeing this, the female student asserted the claim, "The client secretly filmed my body and kept the photo," and the client unfairly received a school violence disposition.

The client, seeking to obtain a stay of execution with the assistance of a specialist attorney, came to the Gwangju attorney.

2. Case-Related Statutes Explained by a Gwangju Attorney

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

① A victimized student or his or her guardian who has an objection to a measure imposed by the superintendent of education under Article 16 (1) and Article 17 (1) may file an administrative litigation under the “Administrative Litigation Act.”

② An offending student or his or her guardian who has an objection to a measure imposed by the superintendent of education under Article 17 (1) may file an administrative litigation under the “Administrative Litigation Act.”

③ The superintendent of education shall notify the victimized or offending student or his or her guardian and the school to which the victimized or offending student belongs of the fact that an administrative litigation under paragraphs (1) and (2) has been filed, and shall provide written guidance on matters concerning participation in the litigation under Article 16 of the “Administrative Litigation Act.”

Period for Filing

It must be filed within 90 days from the date on which the existence of the disposition is known, and it cannot be filed once 1 year has elapsed from the date on which the disposition was made. (Where an administrative litigation is filed after going through an administrative adjudication, the period is counted from the ‘date on which the certified copy of the written ruling of the administrative adjudication is served.’)

Types

Revocation lawsuit, lawsuit to confirm invalidity, etc., and lawsuit to confirm illegality of omission

3. Assistance Provided by the Gwangju Attorney

The Gwangju attorney devised a meticulous strategy in order to obtain a stay of execution in the client's case.

Gwangju Attorney Argues That No School Violence Occurred

The attorney argued that this was a case without substance, in which there had been no facts forming the basis of the school violence report, and rather only malicious, false rumors against the client had spread, and the school violence report had been filed.

Gwangju Attorney Argues the Client's Health Has Deteriorated

It was argued that the former girlfriend spread malicious rumors that the client was “a person who illegally films women's legs and chests and engages in prostitution,” and that the client is currently under extreme stress as a result, even experiencing hyperventilation symptoms.

Gwangju Attorney Argues the Client Was a Diligent Student

It was argued that, although the client had been positive, optimistic, and on good terms with peers, and had been diligently devoting himself to studies, he had unjustly received a school violence disposition and is currently living a withdrawn and depressed life.

4. The Court's Decision on the Gwangju Attorney's Arguments

The court accepted the Gwangju attorney's argument and rendered a decision for 'stay of execution.'

If You Need the Assistance of a Gwangju Attorney

At Daeryun LLC, the school violence specialist attorney assists the client in this manner.

If, as in this case, an unfair school violence disposition has been imposed and you need the assistance of a specialist attorney, please turn to Daeryun LLC, which provides consultation and urgent response 365 days a year, 24 hours a day.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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