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YouTube- What to check
- the scope of committee work and how appeals are explained
- Reviewing body
- School Violence Countermeasures Committee, district office of education
- Appeal deadline
- within 90 days of learning of the disposition
- Lawyers in charge
- Park Sang Jun, Moon Ji Yeong
What do I check when choosing a school violence lawyer?
There are five things to check: whether the lawyer personally prepares the statement of opinion for the committee, whether the lawyer explains the administrative appeal and administrative lawsuit after the decision on measures, together with their deadlines, whether the lawyer can also handle a police investigation or juvenile case that follows, whether the lawyer states truthfully the specialization registered with the Korean Bar Association (KBA), and whether the scope of the engagement is written in the contract. In a school violence matter, the school and district office procedure, the appeal procedure and the criminal procedure run separately. If you hire a lawyer looking at one stage only, you may have to find another lawyer at the next stage, so judge by whether the lawyer explains the whole flow.
| Check | Why it matters | How to check |
|---|---|---|
| Work before the committee | Before requesting measures, the committee gives the student and guardian an opportunity to state their opinion (Act, Articles 16(2) and 17(8)). The material and statements submitted then form the basis for the measures | Ask whether drafting the written opinion and preparing for the review are within the engagement |
| Explanation of appeals | The superintendent's measures can be challenged by administrative appeal (Act, Article 17-2) and administrative lawsuit (Act, Article 17-3), and there are filing deadlines | Check whether the lawyer explains the deadlines and whether to apply for a stay of execution, in concrete terms |
| Link to criminal and juvenile procedures | The same incident may proceed at the same time as a police investigation or a case in the Juvenile Division of the family court | Check whether the lawyer also handles the criminal case, and what specialization is registered |
| Accuracy of specialization labels | School violence is a field in the registration classification, and the requirements include at least 10 cases handled in the last 3 years | Search by real name in the lawyer search on the KBA website |
| Written contract | The committee review, administrative appeal, administrative lawsuit and criminal procedure are each separate stages | Check that the contract sets out the scope for each stage and the fee terms |
In the table, "Act" means the Act on the Prevention of and Countermeasures against Violence in Schools.
Where do the procedures take place in Busan?
A school violence matter is dealt with by the school and the district office of education before any court. The body at each stage is as follows.
| Stage | Body | Legal basis |
|---|---|---|
| Review | School Violence Countermeasures Committee of the district office of education with jurisdiction over the school | Act, Article 12 |
| Measures | The superintendent takes protective measures for the victim student and measures against the accused student | Act, Articles 16 and 17 |
| Administrative appeal | Administrative appeals commission under the Administrative Appeals Act | Act, Article 17-2 |
| Administrative lawsuit | Court | Act, Article 17-3 |
| Juvenile protection case | Juvenile Division of the Busan Family Court | Juvenile Act, Article 3 |
There are nine measures against an accused student: a written apology, a ban on contact, threats and retaliation, school service, community service, special education or psychological treatment, suspension from attendance, change of class, transfer to another school, and expulsion (Act, Article 17(1)). An administrative appeal must be filed within 90 days of the date you learned of the disposition, and cannot be filed once 180 days have passed from the date of the disposition (Administrative Appeals Act, Article 27). The Busan Family Court is at 31 Beobwon-ro, Yeonje-gu and has jurisdiction over juvenile cases in Busan Metropolitan City.
Questions to ask at the consultation
- Who drafts the written opinion for the committee, and how will you help on the day of the review?
- If a measure is imposed, which of an administrative appeal or an administrative lawsuit must we pursue, and by when?
- Is this a matter where we should apply for a stay of execution?
- If a police report or criminal complaint proceeds at the same time, who will handle it?
- If we are on the victim student's side, how do we request protective measures and claim damages?
- What specialization have you registered with the KBA?
- Does the engagement cover only the committee stage, or the appeal procedures as well?
Warning signs to avoid
Article 23(2) of the Attorney-at-Law Act prohibits advertising that creates unjustified expectations about the results of the work and advertising that exaggerates facts so as to mislead. In school violence matters, this shows up as follows.
- Promising results, such as "We will end it with no measure" or "We will make sure nothing stays on the record"
- Advertising that leads with "no measure" rates or rates of measures being cancelled as numbers
- Claiming personal ties with the office of education or committee members
- Recommending ways to pressure the other student or the guardian. Threatening or retaliating against the victim student or the student who reported is a ground for heavier measures (Act, Article 17(2))
- Recommending a contract after you have consulted only with staff and never met a lawyer
If cost is a concern, call the Korea Legal Aid Corporation at 132 (no area code) to check whether you qualify for legal aid.
How to check Yulmaru against these points
At Law Firm Yulmaru, school violence cases are handled by Park Sang Jun and Moon Ji Yeong. The specializations both lawyers have registered with the KBA are Criminal Law and Divorce. They have not registered school violence, so Yulmaru does not describe itself with the word "specialist" in this field. Park Sang Jun became a lawyer after working as an elementary school teacher, and Moon Ji Yeong has served as a law education lawyer for the Busan Metropolitan City Office of Education on eradicating and preventing violence and delinquency. The guide to the procedures is in Busan school violence cases.
Attorneys in Charge
Park Sang Jun Managing PartnerKBA-registered specialization: Criminal Law, DivorceWorked as an elementary school teacher before becoming an attorney. Graduated from Busan National University of Education and Pusan National University Law School. Supervising attorney at the Pusan National University Legal Clinic.
Moon Ji Yeong PartnerKBA-registered specialization: Criminal Law, DivorceLaw education attorney for violence and delinquency prevention at the Busan Metropolitan City Office of Education, and public interest member of the Busan Regional Labor Relations Commission. Graduated from Pusan National University Law School.