Deals & Cases

Revocation of a Disciplinary Disposition Against a Student Who Committed School Violence

Revocation of a Disciplinary Disposition Against a Student Who Committed School ViolenceWon the Case

Incheon Administrative Attorney | An Incheon Administrative Attorney Who Succeeded in Revoking a Disposition Against a School Violence Offender

2025.01.14김국일

The Incheon administrative attorney assisted a client after his child had been unfairly branded a school violence offender and given a disciplinary disposition. The Incheon administrative attorney obtained a decision revoking the disciplinary disposition.

1. The Client Who Sought an Incheon Administrative Attorney

The client who sought an Incheon administrative attorney was the father of a child, and he explained that his child had been unfairly branded a school violence offender and given a disciplinary disposition.

The client requested assistance so that the disciplinary disposition imposed on his child could be revoked.

The Situation of the Incheon Administrative Attorney's Client

To assist with the client's case, the Incheon administrative attorney reviewed the facts of the case, which were as follows.

The client's child had been close friends with the victim student, and the incident arose when the victim student began dating a romantic partner.

Because the client's child was also close with the victim student's romantic partner, he often joked around with them, and the victim student, seeing this, came to dislike the client's child out of jealousy.

One day, as the client's child was walking down the street, the victim student abruptly tripped him and he fell.

Angered, the client's child struck the victim student in the face, the fight escalated, and this led to the incident.

Afterward, the client's child and the victim student each reported the other as a school violence offender.

As a result of the school violence committee proceedings, only the client's child received dispositions such as suspension from attendance, while the victim student received no disposition at all.

The client therefore sought an Incheon administrative attorney and asked for help in revoking the disposition in this case through the filing of an administrative appeal.

2. School Violence Offender Dispositions as Explained by the Incheon Administrative Attorney

The Incheon administrative attorney's client explained that his child had been branded a school violence offender and given a disciplinary disposition.

A school violence offender is a student who has caused mental, physical, or financial harm to a victim student through an act of school violence.

A school violence offender may receive the following dispositions after school violence committee proceedings.

1. A written apology to the victim student

2. A prohibition on contact, threats, and retaliation (including acts using an information and communications network) against the victim student and the students who reported or accused the offender

3. Service at the school

4. Community service

5. Completion of special education or psychological treatment by an expert inside or outside the school, or by an institution designated by the superintendent of education

6. Suspension from attendance

7. Change of class

8. Transfer to another school

9. Expulsion

Revocation of a School Violence Offender Disposition as Explained by the Incheon Administrative Attorney

The Incheon administrative attorney's client wished to have the disposition against his child revoked.

Because a school violence offender disposition is imposed by the school violence committee and the office of education, in this case an administrative appeal must be filed against the office of education.

An administrative appeal is a remedy procedure for raising an objection before an administrative appeals commission against an unlawful or unjust disposition by an administrative agency.

As with the client's child in this case, where there is an objection to a school violence committee disposition, an administrative appeal may be filed.

An administrative appeal must be filed within 90 days from the day the disposition becomes known.

Because the procedure is against a state agency, it is recommended to obtain a 🔗Attorney Recommendation from an attorney experienced in school violence and administrative cases and to seek assistance.

🔗What Is an Administrative Appeal Filing

3. The Administrative Appeal Filed by the Incheon Administrative Attorney

To provide a remedy for the client's child, the Incheon administrative attorney filed an administrative appeal, emphasizing the following points.

The client's child fully admitted to the assault and showed remorse, but the victim student had provoked him by assaulting the client's child first.

The client's child and the victim student had had no dispute whatsoever before this incident, and he had assaulted the victim student only on impulse.

The school violence committee, however, did not acknowledge these facts at all and imposed the disposition in this case.

The Incheon administrative attorney accordingly emphasized that the disposition in this case was unlawful because the respondent, an administrative agency, had abused its discretionary power, and that it should therefore be revoked.

4. The Result of the Administrative Appeal Filed by the Incheon Administrative Attorney

As a result of the Incheon administrative attorney filing an administrative appeal for the client, the administrative appeals commission issued a decision revoking the disposition against the client.

The client's child had been at risk of carrying the label of a school violence offender for the rest of his life, but with the assistance of the Incheon administrative attorney he was able to escape that crisis.

If a child is branded a 🔗School Violence Offender and given a disciplinary disposition, it is recorded in the school record and may affect the child's future, including college admissions.

Responding even before a disposition is imposed is therefore important, and the attorney prepares a strategy and provides assistance to defend against a disposition as soon as the school violence committee concerning the client is convened.

If you are in a crisis involving a school violence case, please request a consultation at any time.

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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