Among the news released on Wednesday, October 28, and Thursday, October 29, I have selected three cases related to appeals against School Violence Committee decisions, licensing of youth training facilities, and administrative measures for licensed businesses. This information is essential for parents, youth training facility operators, and business owners in the transportation, waste, gas, and petroleum industries.
Today’s Key Highlights
- A report on a court ruling that overturned a “no action” disposition by recognizing a case of kicking a shin as school violence, despite the School Violence Committee’s decision that it was “not school violence” among nine reported cases.
- A legislative notice for an Enforcement Decree (comments due by December 7) that exempts businesses operating under other laws within youth training facilities from the requirement to obtain a change of license when starting or ceasing such operations.
- A proposed bill that allows competent administrative agencies to impose business suspensions or other measures on repeat offenders of collusion upon the request of the Fair Trade Commission (follow-up to the September 29 briefing).
1. Court Overturns “No Action” Disposition in School Violence Case: An Instance Where the Court’s Judgment Differed from the School Violence Committee
- What is changing: On October 29, it was reported that the 1-1 Administrative Division of the Busan District Court ruled in favor of a plaintiff (a high school student) in a lawsuit seeking to cancel a “no action (not school violence)” disposition filed against the Superintendent of the Office of Education.
- Case Background: The student reported nine incidents as school violence, including matters dating back to middle school. The School Violence Committee (SVC) ruled that all nine incidents did not constitute school violence. The student filed an administrative appeal, which was dismissed, leading to the subsequent lawsuit.
- Court’s Judgment: The court accepted the educational authorities’ judgment regarding eight of the incidents. However, regarding one incident where the student was called to a restroom, verbally abused, and kicked in the shin two or three times, the court ruled it was a unilateral assault based on witness statements from other students, thereby classifying it as school violence.
- Difference from the SVC’s Judgment: While the SVC viewed the act as a level of conflict that could occur between students of that age, the court reached a different conclusion after re-examining the circumstances of the assault and the witness statements.
- Who it affects: Victim students and their guardians whose School Violence Committee decisions resulted in “not school violence” or “no action.”
- Effective Date: Reported on October 29; ⚠️ Date of ruling and finality requires verification of the original text.
- Administrative Agent’s Note: Victim students can also appeal a “not school violence” decision; an administrative appeal must be filed within 90 days from the date the party becomes aware of the disposition. If multiple incidents were reported at once, it is advisable to separately verify the witness statements and circumstances for each individual case.
- Source: Kyunghyang Shinmun · “High schooler who kicked a friend’s shin: Court rules it is school violence”
2. Reduction of Change of License Requirements for Youth Training Facilities: Legislative Notice of the Enforcement Decree of the Youth Activity Promotion Act
- What is changing: On October 28, the Ministry of Gender Equality and Family announced a legislative notice for a partial amendment to the “Enforcement Decree of the Youth Activity Promotion Act” (Ministry of Gender Equality and Family Notice No. 2026-172).
- Reduction of Change of License Requirements: Currently, when starting or ceasing business operations that are reported and operated under other laws within a training facility, a change of license must be obtained. The amendment removes these matters from the scope of required change of licenses (Proposed Article 6, Subparagraph 4).
- Authority to Determine Certification Standards: The authority to set the certification standards for youth training activities will change from the Certification Committee to the Minister of Gender Equality and Family, allowing training facilities and other entities the opportunity to provide opinions when standards are amended (Proposed Article 21, Paragraph 2).
- Provisions related to superior laws that lack subordinate statutes will also be deleted (Proposed Article 6, Subparagraph 5).
- Who it affects: Operators of youth training centers, youth training institutes, campsites, etc., and institutions receiving certification for youth training activities.
- Effective Date: Submission of opinions from Wednesday, October 28 to Monday, December 7; ⚠️ Effective date requires verification of the original text.
- Administrative Agent’s Note: Until the amendment takes effect, the current standards will continue to apply; therefore, if you plan to start or cease business operations within a facility, you must first check the change of license procedures. Opinions can be submitted through the Integrated Legislative Notice Center or the Youth Activity Safety Division of the Ministry of Gender Equality and Family.
- Source: Integrated Legislative Notice Center · Legislative Notice of the Partial Amendment to the Enforcement Decree of the Youth Activity Promotion Act
3. Bill Proposed for Business Suspension of Repeat Colluders: Gas, Petroleum, Waste, Transport, and Pharmaceuticals
- What is changing: The plan to pursue business suspensions for repeat colluders, which was discussed in the September 29 briefing, has been introduced as a bill. It has been reported that on October 28, amendments to seven laws—including the High Pressure Gas Safety Act, the Petroleum and Petroleum Substitute Fuel Business Act, the Wastes Control Act, the Environmental Technology and Environmental Industry Support Act, the Act on Testing and Inspection in the Environmental Field, the Passenger Transport Service Act, and the Trucking Transport Service Act—along with an amendment to the Pharmaceutical Affairs Act, were proposed.
- Core Content: The content allows the central administrative agency or local government managing a specific industry to impose administrative measures, such as business suspension, upon a request from the Fair Trade Commission (FTC) against a business operator that repeats collusion even after receiving sanctions from the FTC.
- Criteria for Repetition: The plan announced by the ruling party and the government in September was “two or more sanctions within 5 years,” but the specific criteria for the number of occurrences and the time period contained in the bill require ⚠️ verification of the original text.
- Who it affects: Gas, petroleum, waste disposal, environmental testing/inspection, passenger transport, and freight transport operators, as well as pharmaceutical manufacturers and wholesalers.
- Effective Date: Currently at the National Assembly proposal stage, prior to committee review (effective date TBD).
- Administrative Agent’s Note: Since this is not yet a law, a legal basis for immediate disposition has not been established. However, if you are a business operator with a history of FTC sanctions, you should organize your records and the timing of those dispositions, and if you receive a prior notice of business suspension in the future, you must check the deadline for submitting opinions.
- Sources: Energy Daily · Push for Business Suspension of Repeat Colluders, Amendments to 7 Industry Laws Proposed, KPA News · Pharmaceutical Affairs Act Amendment Proposed for Business Suspension of Repeat Colluders
Deadlines to Watch This Week
- November 2 (Mon): Deadline for submitting opinions on the re-announced legislative notice of the Enforcement Decree of the Postal Service Special Act (October 26 briefing)
- December 7 (Mon): Deadline for submitting opinions on the legislative notice of the Enforcement Decree of the Youth Activity Promotion Act
This briefing is a guide compiled by the Hwang Yunsang Administrative Agent Office based on public data. Whether these apply to individual cases requires verification with the competent authorities.