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Changwon School Violence
School violence in Changwon: we prepare backward from the hearing date
In Changwon and Gyeongnam, school violence cases are heard by the committee of the district office of education overseeing the school, and appeals go to the Gyeongsangnam-do Office of Education Administrative Appeals Commission. Our Changwon Office is a 2-minute walk from Changwon District Court; call 055-715-3119.
If you received a notice, count the days left until the hearing
School violence cases in Changwon and Gyeongnam are heard not by the school but by the committee of the district office of education that oversees the school. Schools in Changwon city fall under the Changwon District Office of Education, and schools in Gimhae under the Gimhae District Office of Education.
Administrative appeals go to the Gyeongsangnam-do Office of Education Administrative Appeals Commission, and the deadline is 90 days from the day you learned of the measure. Attorney Park Sang Jun, a former elementary school teacher, and Attorney Moon Ji Yeong, a law education attorney for the Busan Metropolitan City Office of Education, handle these cases.
To consult in Busan or Seoul: Busan offices · Seoul Office
How your case proceeds
Check the notice
Confirm the meeting date and time and the facts in the agenda
Gather materials
Collect written statements, message records and witness accounts
Written opinion and statement
Submit a written opinion and rehearse the statement for the hearing day
After notice of measures
Within 90 days, consider an administrative appeal and a stay of execution
Each stage goes to a different body
| Stage | Responsible body |
|---|---|
| Fact-finding | The school's dedicated body, and investigators appointed by the district office of education |
| Hearing and decision on measures | The committee of the district office of education overseeing the school decides, and the superintendent imposes the measure |
| Administrative appeal | Gyeongsangnam-do Office of Education Administrative Appeals Commission (90 days from the day you learned of the measure) |
| Administrative lawsuit | Court, a claim against the superintendent to cancel the measure (90 days from the day you learned of it) |
| Juvenile protection case | Changwon District Court (all of Gyeongnam except Yangsan-si) |
Basis: Act on the Prevention of and Countermeasures against Violence in Schools, Articles 12, 14, 17-2 and 17-3; Administrative Appeals Act, Article 27
Changwon School Violence Frequently Asked Questions
QWe received notice of a committee meeting. How many days before the hearing should we consult a Changwon school violence lawyer?
A
Ideally on the day you receive the notice. The committee must give the student and guardian a chance to state their views before deciding on measures (Act on the Prevention of and Countermeasures against Violence in Schools, Article 17(8) and Article 16(2)), so the written opinion and materials only help if they arrive before the hearing date. The Changwon Office is a 2-minute walk from the main gate of Changwon District Court, so document review and statement practice can be scheduled on the same day.
QAre schools in Masan or Jinhae also heard by the Changwon District Office of Education?
A
Yes. The committee sits at the district office of education overseeing the school (the same Act, Article 12(1)), so a school anywhere in Changwon city, whether in Uichang, Seongsan, Masan or Jinhae, goes to the Changwon District Office of Education committee. Schools in Gimhae, Yangsan and Jinju go to each city's district office of education, and administrative appeals against measures go to the Gyeongsangnam-do Office of Education Administrative Appeals Commission for all of Gyeongnam.
QThe two students attend separate schools in Changwon and Gimhae. Where is the hearing?
A
The two district offices of education can form a joint committee (the same Act, proviso to Article 12(1); Enforcement Decree, Article 13). Which office holds it and the date are stated in the meeting notice, so we confirm where and by when to submit the written opinion based on that body.
QWhere do I file an administrative appeal with the Gyeongnam Office of Education? Do I have to go to Changwon?
A
You can file the petition with the Gyeongsangnam-do Office of Education Administrative Appeals Commission or with the superintendent who made the decision, and either way the filing date counts as the date of the claim (Administrative Appeals Act, Article 23(1) and (4)). If a Changwon school violence lawyer represents you, we handle drafting and filing the petition, supplementary briefs and the application for a stay of execution, so the guardian does not need to visit the agencies in person.
QA Changwon student has been referred by the police to the juvenile division. Which court holds the hearing?
A
The Juvenile Division of Changwon District Court. Juvenile protection cases are handled by the juvenile division for the place of the act, the juvenile's residence or current location (Juvenile Act, Article 3), and Changwon District Court covers Gyeongnam except Yangsan-si. Hearings are closed to the public and the guardian is also summoned (Juvenile Act, Articles 21 and 24). This proceeds separately from the school violence committee.
QThe school violence committee and police questioning are happening at the same time. Should the statements be prepared separately?
A
The two processes are separate, but the statements should be prepared together. The committee can request related materials from the chief of the competent police station (Act on the Prevention of and Countermeasures against Violence in Schools, Article 12(3)), so what is said in one may be compared in the other. Defense counsel can take part in police questioning (Criminal Procedure Act, Article 243-2), so before questioning we first make sure nothing conflicts with the statement submitted to the school.
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