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Administrative Litigation Lawyer Assistance Case | Client Under a School Violence Disciplinary Action, Stay of Execution

The client who came to the administrative litigation attorney visited Daeryun seeking to obtain a stay of execution decision regarding the disciplinary action, with the assistance of a specialist attorney who has handled numerous administrative litigation cases.

1. The Client Who Sought an Administrative Litigation Lawyer

Daeryun administrative litigation attorney, assistance case for school violence punishment

This is a case in which the client who came to the administrative litigation attorney had received a disciplinary disposition for school violence, but concluded the case with a stay of execution decision through the assistance of a specialized attorney who had handled numerous administrative litigation cases.

The Client at Risk of School Violence Punishment

The detailed account of the client who came to the administrative litigation attorney for help is as follows.

After an argument with a friend with whom the client had been close for a long time, the relationship between the two gradually grew distant.

Then one day, the client happened to run into the friend while passing through a hallway, and an argument broke out again on the spot.

Using this incident as a pretext, the friend reported the client as a perpetrator of school violence, and ultimately the client received dispositions of school community service and completion of special education.

However, no measure was taken against the friend, and the client, judging that there had also been problems in the investigation process, decided to file an 🔗administrative litigation.

The client sought out Daeryun in order to proceed with the case together with an experienced attorney and resolve the matter promptly.

2. Punishment for School Violence Explained by an Administrative Litigation Lawyer

The specialized attorney organized the circumstances of the case in detail and reconstructed the facts through sufficient consultation with the client.

Let us examine the regulations related to school violence in detail.

Disciplinary Measures for School Violence Punishment

Dispositions for school violence are divided into a total of nine graduated measures, ranging from minor measures at the level of a warning to serious sanctions such as expulsion.


Measure No. 1 (written apology): Submitting a handwritten apology to the school

Measure No. 2 (prohibition of contact, intimidation, and retaliation): A basic measure to protect the victim student

Measure No. 3 (in-school service): Implemented to improve the perpetrator student's awareness

Measure No. 4 (community service): Performing service activities at public institutions such as social welfare centers

Measure No. 5 (psychological treatment, completion of special education): Treatment provided by a psychiatrist

Measure No. 6 (suspension of attendance): Restricting school attendance for a certain period

Measure No. 7 (class change): Separation from the existing class

Measure No. 8 (transfer): Compulsory transfer of the perpetrator student to another school

Measure No. 9 (expulsion): The most severe school violence measure, expelling the perpetrator student

Administrative Litigation Over School Violence Punishment

If a school violence disposition is judged to be unjust, one may file administrative adjudication and administrative litigation.

Normally, administrative litigation proceeds after administrative adjudication, but it is not necessarily required to go through administrative adjudication first.

In the following cases, one may apply for a stay of execution.

Administrative Litigation Act Article 23 (Stay of Execution)

(2) Where it is recognized that there is an urgent need to prevent irreparable harm that may arise from a disposition, etc., or its execution, or the continuation of the procedure, the court may decide to stay all or part of the effect of the disposition, its execution, or the continuation of the procedure.


※ A suit must be filed within 90 days from the date of becoming aware that a disposition has been made, and within one year from the date the disposition was made

3. The Administrative Litigation Lawyer's Case Resolution Strategy

Daeryun administrative litigation attorney school violence administrative litigation stay of execution case

The administrative litigation attorney clearly organized the facts and established a tailored strategy.

The specialist attorney argued as follows in order to amicably conclude the case through a stay of execution decision.

Administrative Litigation Lawyer Assistance (1): Insufficient Investigation of the Case

The administrative litigation attorney pointed out that the school had reached its decision by unilaterally reflecting only the statement of the alleged victim student.

The point was that, although this case should have been clarified by closely investigating the facts, the investigation had not been carried out sufficiently.

The attorney emphasized that a disciplinary action based on an insufficient investigation lacks procedural legitimacy.

Administrative Litigation Lawyer Assistance (2): The Necessity of a Stay of Execution

The administrative litigation attorney argued that, if the disciplinary disposition were maintained, the client could suffer harm that would be difficult to recover.

In particular, if a disciplinary record were left on the student record, this may lead to long-term disadvantages in future matters such as admission to higher education or employment.

Accordingly, the administrative litigation attorney emphasized that an urgent need to protect the client's rights existed, and that a stay of execution decision was therefore needed.

4. Result of the Administrative Litigation Lawyer's Assistance: “Stay of Execution”

The court, accepting the administrative litigation attorney's argument, ultimately rendered a decision of 'stay of execution' .

The client, who obtained the desired result through the systematic assistance of the specialist attorney, expressed deep gratitude.

If You Need Assistance With School Violence Punishment

A 🔗school violence administrative litigation is a key remedy procedure through which a student or guardian can legally assert rights against an unjust measure.

Through such a procedure, the facts of the case can be objectively clarified, and a fairer and more reasonable decision can be reached.

At Daeryun, a 🔗school violence attorney provides practical legal advisory and mediation support to parents and educational institutions.

It provides comprehensive legal services that also take into account the psychological recovery of clients and establishes strategies tailored to each case to resolve issues promptly.

If you need the assistance of a specialist attorney in a situation similar to the case above, please entrust your case by booking a 🔗legal consultation.

행정소송변호사 조력 사례 | 학교폭력 징계 처분 의뢰인, 집행정지

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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