[Jeju Legal Consultation Defense Case] A Client Who Obtained a Stay of Execution of a Disposition Against a Perpetrator of School Violence Through a Jeju Legal Consultation

The client who needed a Jeju legal consultation was a minor and had been reported for school violence by a classmate with whom the client had been in a romantic relationship for one year.

After the relationship ended, the client reportedly showed somewhat clingy behavior toward the classmate.

One day, the client felt jealous seeing the classmate with another friend of the opposite sex and spoke to them.

The classmate then became angry and used profanity, and the angered client reportedly lightly touched the friend's cheek with a hand.

Over this incident, the classmate reported the client for school violence, and the client, branded as a perpetrator of school violence, received a disposition from the school violence committee.

Accordingly, the client needed a stay of execution regarding the disposition and requested a Jeju legal consultation with the 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 has an objection to a measure taken by the superintendent of education under Article 16 (1) and Article 17 (1) may file administrative litigation under the Administrative Litigation Act.

(2) A perpetrating student or the student's guardian who has an objection to a measure taken by the superintendent of education under Article 17 (1) may file administrative litigation 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 administrative litigation 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 action must be filed within 90 days from the date on which the person became aware that the disposition had been made, and it cannot be filed once 1 year has passed from the date the disposition was made. (Where administrative litigation is filed after going through an administrative appeal, the period is calculated from the 'date on which the authentic copy of the written ruling on the administrative appeal was served.'))

(Types : revocation litigation, litigation to confirm nullity or the like, litigation to confirm illegality of omission)

The client had not intentionally committed school violence against the other party.

Accordingly, the argument was made that school violence was not established.

The argument was made that the resulting disposition of the school violence committee was likewise unlawful.

The argument was made that, if the client received the disposition in this case, significant harm would result, such as the matter being recorded in the school record.

The case above was one in which a client who had received a disposition as a perpetrator of school violence came to a Jeju legal consultation in order to apply for a stay of execution.

The client was able to safely obtain a stay of execution disposition with respect to the perpetrator disposition for school violence.

Attorneys at Daeryun Law Firm with extensive practical experience conduct Jeju legal consultations.

The attorneys also guide the client's case in a more favorable direction.

If you are experiencing difficulties in a situation similar to the case above, please reach out at any time for a Jeju legal consultation at Daeryun Law Firm.