School Violence Accusation Defense Lawyer
School Violence Accusation Defense Lawyer | Defending Your Child When They Are Named as the Respondent
When a student is reported to a school as an alleged perpetrator of school violence, the school's Simuiwithoe (School Violence Prevention and Countermeasures Committee) investigates and can impose disciplinary measures ranging from a written apology to expulsion (학교폭력예방 및 대책에 관한 법률 제17조). These measures are recorded in the student's school life record and can affect high school and university admissions. Because the process moves quickly and often relies on the alleged victim's statement, the respondent side needs to raise factual disputes and procedural objections early, before the committee's decision becomes final.
School Violence Accusation Defense | Contesting the Alleged Facts Before the Hearing
Most school violence cases turn on a factual dispute — what actually happened, who initiated it, and whether the conduct meets the legal definition of school violence. This is the stage where careful preparation matters most, because the committee's findings are difficult to overturn later.
What counts as "school violence" under the statute
The law defines school violence broadly to include assault, coercion, defamation, ostracism, cyberbullying, and sexual violence occurring on or off school grounds among students (학교폭력예방 및 대책에 관한 법률 제2조 제1호). Whether a specific incident — a single argument, a group chat exchange, mutual physical contact — actually falls within this definition is often the first point to contest.
Reviewing the fact-finding report before it is finalized
The school conducts a fact-finding investigation and prepares a report that goes to the committee. Respondents and their guardians can submit a written statement of their own account, request that specific witnesses or evidence be considered, and point out inconsistencies in the alleged victim's statement before the report is finalized.
Addressing cases involving mutual conduct
In many disputes, both students describe some conduct by the other side (mutual insults, a shove that was returned). Establishing that the incident was not one-sided can affect both the measure imposed and how the case is recorded, so gathering contemporaneous evidence — messages, CCTV, third-party accounts — early is important.
School Violence Accusation Defense | What the Committee Can Order and How It Decides
The Simuiwithoe can impose one or more measures depending on the severity, whether the conduct was intentional, whether it was repeated, and whether the respondent has shown genuine reflection.
Range of measures under the statute
Measures range from a written apology and no-contact order, through community service, special education, and psychological counseling, up to transfer to another school and expulsion (학교폭력예방 및 대책에 관한 법률 제17조 제1항). Expulsion is only available for students no longer subject to compulsory education.
Factors that affect severity
The committee weighs the severity and duration of the conduct, premeditation, the relationship between the students, whether the conduct was retaliatory, and the respondent's attitude and prior record (학교폭력예방 및 대책에 관한 법률 제17조 제1항). A written statement showing context and proportionality can be submitted before the decision is made.
How measures are recorded
Certain measures are entered into the student's school life record (학교생활기록부) and, depending on the severity level, may remain there through graduation unless later deleted through a review process. This is one of the most consequential aspects for respondents, since it can affect later school and university applications.
School Violence Accusation Defense | Appealing a Disciplinary Decision You Believe Is Unfair
If the committee's decision is based on facts you dispute, or the measure seems disproportionate, the respondent side has formal channels to challenge it — but the deadlines are short.
Administrative appeal to the regional review committee
A student subject to a disciplinary measure may file an administrative appeal (행정심판) with the competent administrative appeals commission within 90 days of being notified of the decision (행정심판법 제27조 제1항). This is the primary route for respondents to challenge the committee's factual findings or the severity of the measure.
Administrative litigation as a further step
If the administrative appeal does not resolve the matter, the decision can be challenged through an administrative lawsuit (행정소송) before the administrative court, generally within 90 days of the decision being communicated (행정소송법 제20조 제1항). This route allows fuller argument on procedural defects in how the fact-finding or hearing was conducted.
Procedural defects worth raising
Common grounds for appeal include inadequate notice or opportunity to be heard, failure to consider evidence submitted by the respondent, a measure disproportionate to the findings, and composition or process errors in how the committee was convened. Raising these issues requires the hearing record and any written submissions, so preserving that documentation matters.
⚠ 90-Day Filing Deadline
An administrative appeal must generally be filed within 90 days of receiving notice of the disciplinary decision (행정심판법 제27조 제1항). Missing this window can foreclose the main avenue for contesting the measure, so the deadline should be tracked from the date of formal notification, not from the hearing date.
School Violence Accusation Defense | From Notification to Final Resolution
Once the school notifies you that your child has been named as a respondent, an early consultation helps map out the fact-finding timeline and identify what evidence needs to be gathered quickly.
Before the fact-finding investigation concludes, the respondent side can submit a written account, supporting messages or records, and a list of relevant witnesses to be considered.
The student and guardian attend the committee hearing to respond to questions and present their account. A parent or attorney can generally accompany the student to help ensure the process is fair.
After the hearing, the committee's decision and the specific measure imposed are issued in writing. This notice starts the clock for any appeal.
If the findings or the measure are disputed, an administrative appeal can be filed within the statutory period, followed by administrative litigation if needed (행정심판법 제27조 제1항).
School Violence Accusation Defense | How Fees Are Calculated in Respondent-Side Cases
Initial fees typically reflect the time needed to review the fact-finding report, evidence, and the specific allegations before deciding on a defense strategy.
Fees for preparing written submissions and accompanying the student through the committee hearing are generally set based on the complexity of the factual dispute and the number of alleged incidents.
If the case proceeds to an administrative appeal or administrative lawsuit challenging the disciplinary decision, fees are calculated separately based on the scope of the appeal and expected duration.
If the same conduct also triggers a separate criminal complaint (e.g., assault), representation in that proceeding is a distinct matter with its own fee structure.
※ Costs vary depending on case complexity and specific circumstances; exact fees will be provided during consultation. No specific outcome is guaranteed.
School Violence Accusation Defense | Self-Check for Respondent Families
1️⃣ Right After Notification
- Have you received written notice specifying the alleged conduct and dates?
- Do you know the deadline for submitting a written statement to the fact-finding investigator?
- Have you preserved messages, call logs, or other records related to the incident?
- Have you identified witnesses who can corroborate your child's account?
2️⃣ Before the Simuiwithoe Hearing
- Has your child prepared a clear, consistent account of what happened?
- Have you reviewed the fact-finding report for factual errors or omissions?
- Do you understand which specific provision of the statute the school is relying on?
- Have you decided who will accompany your child to the hearing?
3️⃣ After Receiving the Decision
- Do you know the exact date the decision notice was received (this starts the appeal clock)?
- Have you identified which specific finding or measure you disagree with?
- Have you gathered the hearing record and all written submissions for the appeal?
- Have you calculated the 90-day deadline for filing an administrative appeal?
4️⃣ If a Parallel Criminal Complaint Exists
- Has a separate criminal report (e.g., for assault) also been filed with police?
- Are you aware that the disciplinary process and criminal process run on separate tracks?
- Have you coordinated your statements so they are consistent across both processes?
