Appeals against administrative dispositions
Preparation of documents for administrative appeals and suspension of execution regarding school violence measures
Under a public notice of the Ministry of Education, the School Violence Countermeasures Deliberation Committee gives 0 to 4 points for each of 5 factors (seriousness, persistence, intent, degree of remorse and degree of reconciliation) and decides the measure for the aggressor student by the total score. A total of 1 to 3 points falls under Measure No. 1, a written apology, and 16 to 20 points is the range for Measure No. 8, transfer to another school, or Measure No. 9, expulsion. The degrees of remorse and reconciliation are factors that can change with the attitude shown after the incident, so the early response affects the score.
Procedure
- Appeal Difficulty High
Submitting an opinion, objection or administrative appeal against a disposition or decision already made, or applying for damage relief or dispute mediation. The reviewing body decides after examining the facts and the law, so preparing supporting evidence is important.
We will prepare the administrative appeal request and necessary suspension documents for the superintendent's school violence measures. We also distinguish the scope of inclusion in cases where the main case and suspension of execution are carried out together.
Scope & fee
- School-violence measure administrative appeal merits; stay of execution excluded
- We will prepare the reasons for the claim and supporting evidence for 1 student and 1 action. A separate rebuttal is not included after the suspension of execution and response. Scope of writing: 1 type of grounds for filing a claim on the merits by reason for action/judgment element, 5 pages per type. It does not include in-office submissions.
- Official fee source ↗
- School-violence measure administrative appeal merits and stay of execution
- We will prepare the main case and suspension of execution documents for 1 student and 1 action. Common evidence is compiled together and separate rebuttals and committee appearances are not included. Scope of writing: Reasons for requesting administrative appeal, 1 type, 5 pages per category, reasons for application for suspension of execution, 1 type, 3 pages per category. It does not include in-office submissions.
- Official fee source ↗
- Stay-of-execution documents for an existing school-violence administrative appeal
- We will review the merits and emergency damage data of the school violence administrative appeal that has already been filed and prepare an application for suspension of execution. It does not include new merits. Scope of writing: Reasons for application for suspension of execution Type 1, 3 pages per type. It does not include in-office submissions.
- Official fee source ↗
1. Check the structure of the score table
For seriousness, persistence and intent, the higher the degree, the higher the score. For remorse and reconciliation, the lower the degree, the higher the score. Each factor runs from 0 points to 4 points. A total of 1 to 3 points falls under Measure No. 1, 4 to 6 points under No. 3, 7 to 9 points under No. 4, 10 to 12 points under No. 6, 13 to 15 points under No. 7, and 16 to 20 points under No. 8 or No. 9. Measure No. 2, a ban on contact, and Measure No. 5, a special education program, are imposed separately from the score when the committee resolves that they are necessary.
2. Check the aggravating and mitigating factors
In consideration of the likelihood that the measure will reform the aggressor student and of the protection of the victim student, the measure may be aggravated or mitigated with the approval of a majority of the members present. If the victim student is a student with a disability, the measure may be aggravated.
3. Organize remorse and reconciliation materials
Before the deliberation, collect materials that show remorse and efforts at reconciliation, such as a letter of apology, records of attempts at reconciliation and records of completed counseling or education. Contacting the victim student's side directly can lead to claims of secondary harm, so first check how this can be done through the school.
4. Review the measure decision and challenge it
On receiving the written notice of the measure decision, compare the assessment of each factor against the minutes to see whether it matches the facts. The challenge centers on whether the facts were wrongly found and whether the committee went beyond its discretion, rather than on the score table itself, and an administrative appeal is filed within 90 days from the date you became aware of the disposition.
Required documents
- Notice to attend the Deliberation Committee, written notice of the measure decision
- Case investigation report and minutes (obtained through an information disclosure request)
- Student's written statement, guardian's written opinion
- Letter of apology, certificates of completion of counseling or education
- Record of reconciliation efforts (such as a record of an apology conveyed through the school)
Fees
Our office fee starts from the amount shown above and may vary depending on the volume of materials and whether an administrative appeal is pursued; we will give you an exact quote after reviewing your documents.
Legal basis and review date
- Act on the Prevention of and Countermeasures against Violence in Schools, Article 17
- Public Notice on Detailed Standards for Application of Each Measure for Aggressor Students in School Violence, Article 2 and attached Table
- Administrative Appeals Act, Article 27
Check these first
- Record the date on which you received the written notice of the measure decision. An administrative appeal must be filed within 90 days from the date you became aware of the disposition.
Frequently asked questions
From how many points is a transfer measure imposed for school violence?
Is the measure lowered if the student shows remorse and reconciles?
Can I file an administrative appeal on the ground that the score was calculated wrongly?
Are Measure No. 2, a ban on contact, and Measure No. 5, a special education program, also decided by the score?
Does an administrative agent write a written opinion for a school violence deliberation?
Contact us
Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.
📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com
This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.