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Appealing a Measure

Appealing a Measure

Appealing a school violence measure in Busan: act within 90 days

Both the accused and victim student's sides can challenge a district superintendent's school violence measure by administrative appeal or administrative lawsuit. An administrative appeal must be filed within 90 days of learning of the measure, and filing alone does not stop the measure.

The appeal clock starts the day you receive the notice

If you object to the district superintendent's measure, both the accused and victim student's sides can file an administrative appeal or administrative lawsuit. Once the deadline passes, you cannot challenge the measure however heavy or light it is.

Filing alone does not delay the measure, so you must decide whether to also apply for a stay of execution. Park Sang Jun, who worked as an elementary school teacher, and Moon Ji Yeong, a law education attorney for the office of education, handle these cases.

To consult in Changwon or Seoul: Changwon Office · Seoul Office

    CASE.1

    When the measure seems too heavy

    The accused student's side challenges the facts and the severity of the measure by administrative appeal or lawsuit.

    CASE.2

    When the measure seems too light

    The victim student's side can also appeal if it objects to the protective measures or the measure against the accused student.

    CASE.3

    When the school record is a concern

    From measure 4 onward, the record stays for a set period even after graduation, so the measure level matters.

    CASE.4

    When the measure needs to be put on hold

    We apply separately for a stay of execution together with the administrative appeal or lawsuit.

    How your case proceeds

    Checking the deadline

    We count the time left from the date you received the notice

    Reviewing the record

    We examine the reasons for the measure and the committee materials

    Filing

    We file the administrative appeal or administrative lawsuit

    Stay of execution

    If needed, we apply to stop the measure from being carried out

    Appeal deadlines at a glance

    Procedure Deadline Where
    Administrative appeal 90 days from learning of the measure, 180 days from the measure Administrative Appeals Commission of the Busan Metropolitan Office of Education
    Administrative lawsuit 90 days from learning of the measure, 1 year from the measure Court
    Administrative lawsuit after an administrative appeal 90 days from service of the original written ruling Court
    Stay of execution Applied for together with the administrative appeal or lawsuit Administrative Appeals Commission or court

    Basis: Act on the Prevention of and Countermeasures against Violence in Schools, Articles 17-2, 17-3 and 17-4; Administrative Appeals Act, Articles 6, 27 and 30; Administrative Litigation Act, Articles 20 and 23

    Appealing a Measure Frequently Asked Questions

    QIs a school violence administrative appeal filed against the committee or the district superintendent?
    A

    Against the district superintendent. The committee requests the measure and the district superintendent imposes it within 14 days (Act, Article 17(1) and (9)), so what is challenged is the superintendent's measure, not the committee's decision. For a school in Busan, the administrative appeal is filed with the Administrative Appeals Commission of the Busan Metropolitan Office of Education, and an administrative lawsuit is filed in court naming the district superintendent as defendant.

    QMore than 90 days have passed since we received the notice. Is it too late to challenge?
    A

    The 90 days is a peremptory period, so as a rule you cannot file after it ends (Administrative Appeals Act, Article 27(4)). However, if the notice did not state the filing period, you may file within 180 days of the measure, and if it wrongly stated a period longer than 90 days, filing within that stated period is also valid (the same Article, paragraphs (5) and (6)). Start by checking the appeal instructions printed on the notice.

    QDoes filing an administrative appeal delay the school record entry?
    A

    No. The school enters the measure once it is notified of the decision, and even while an administrative appeal or lawsuit is pending the entry stays as is, to be corrected if the measure is revoked or changed (Ministry of Education and Korean Council for University Education guidelines on reflecting school violence measures in university admissions). If admissions deadlines are coming up, choose the appeal route by working out when a ruling or judgment is likely.

    QCan we pursue an administrative appeal and an administrative lawsuit at the same time?
    A

    Yes. For school violence measures you can file a revocation lawsuit directly without going through an administrative appeal (Administrative Litigation Act, Article 18(1)), and no rule prevents running both together. If you filed an administrative appeal first, the lawsuit must be filed within 90 days of receiving the original written ruling (the same Act, Article 20(1)), and after weighing cost and time people usually choose one to pursue first.

    QIf the accused student's side files a school violence administrative appeal, will the victim's side be told?
    A

    Yes. When the accused student's side files, the Administrative Appeals Commission must notify the victim student and guardian and both students' schools of the filing and explain in writing how to join the proceeding (Act, Article 17-2(3)). For an administrative lawsuit, the district superintendent notifies both students' sides and their schools of the filing and explains how to join the lawsuit (Act, Article 17-3(3)).

    QHow long does an administrative lawsuit by the accused student's side take?
    A

    The law provides that a lawsuit filed by the accused student or guardian is handled ahead of other cases, with judgment at first instance within 90 days of filing and at second and third instance within 60 days each (Act, Article 17-5). This special rule applies only to lawsuits by the accused student's side, not to administrative appeals or lawsuits by the victim's side.

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