Appeals against administrative dispositions

Scoring Standards for Measures against Aggressor Students in School Violence Cases — 5 Assessment Factors and the Ranges for Measures No. 1 to No. 9

Under a public notice of the Ministry of Education, the School Violence Countermeasures Deliberation Committee gives 0 to 4 points for each of 5 factors (seriousness, persistence, intent, degree of remorse and degree of reconciliation) and decides the measure for the aggressor student by the total score. A total of 1 to 3 points falls under Measure No. 1, a written apology, and 16 to 20 points is the range for Measure No. 8, transfer to another school, or Measure No. 9, expulsion. The degrees of remorse and reconciliation are factors that can change with the attitude shown after the incident, so the early response affects the score.

Procedure

  1. 1. Check the structure of the score table

    For seriousness, persistence and intent, the higher the degree, the higher the score. For remorse and reconciliation, the lower the degree, the higher the score. Each factor runs from 0 points to 4 points. A total of 1 to 3 points falls under Measure No. 1, 4 to 6 points under No. 3, 7 to 9 points under No. 4, 10 to 12 points under No. 6, 13 to 15 points under No. 7, and 16 to 20 points under No. 8 or No. 9. Measure No. 2, a ban on contact, and Measure No. 5, a special education program, are imposed separately from the score when the committee resolves that they are necessary.

  2. 2. Check the aggravating and mitigating factors

    In consideration of the likelihood that the measure will reform the aggressor student and of the protection of the victim student, the measure may be aggravated or mitigated with the approval of a majority of the members present. If the victim student is a student with a disability, the measure may be aggravated.

  3. 3. Organize remorse and reconciliation materials

    Before the deliberation, collect materials that show remorse and efforts at reconciliation, such as a letter of apology, records of attempts at reconciliation and records of completed counseling or education. Contacting the victim student's side directly can lead to claims of secondary harm, so first check how this can be done through the school.

  4. 4. Review the measure decision and challenge it

    On receiving the written notice of the measure decision, compare the assessment of each factor against the minutes to see whether it matches the facts. The challenge centers on whether the facts were wrongly found and whether the committee went beyond its discretion, rather than on the score table itself, and an administrative appeal is filed within 90 days from the date you became aware of the disposition.

Required documents

  • Notice to attend the Deliberation Committee, written notice of the measure decision
  • Case investigation report and minutes (obtained through an information disclosure request)
  • Student's written statement, guardian's written opinion
  • Letter of apology, certificates of completion of counseling or education
  • Record of reconciliation efforts (such as a record of an apology conveyed through the school)

Fees

Fees for drafting a written opinion for a school violence deliberation and documents for challenging a measure generally run in the industry from several hundred thousand won to the 1,000,000 won range, and vary with the volume of materials and whether an administrative appeal is pursued. We will advise after a consultation, based on the case.

Legal basis and review date

  • Act on the Prevention of and Countermeasures against Violence in Schools, Article 17
  • Public Notice on Detailed Standards for Application of Each Measure for Aggressor Students in School Violence, Article 2 and attached Table
  • Administrative Appeals Act, Article 27

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • Record the date on which you received the written notice of the measure decision. An administrative appeal must be filed within 90 days from the date you became aware of the disposition.

Frequently asked questions

From how many points is a transfer measure imposed for school violence?
It is the range of 16 to 20 points in total for the 5 factors. Measure No. 9, expulsion, is also in the same range, and the measure may be aggravated or mitigated in consideration of matters such as the likelihood of reform.
Is the measure lowered if the student shows remorse and reconciles?
It can be. The degree of remorse and the degree of reconciliation are each scored from 0 to 4 points, so the total falls when remorse and reconciliation are recognized as high. However, if the scores for seriousness, persistence and intent are high, there is a limit to how far the total can fall.
Can I file an administrative appeal on the ground that the score was calculated wrongly?
Yes. However, rather than disputing the score table itself, build the argument around whether the committee misjudged the facts and whether it went beyond its discretion. Obtain the minutes and the investigation materials first.
Are Measure No. 2, a ban on contact, and Measure No. 5, a special education program, also decided by the score?
No. Measure No. 2 is imposed when the Deliberation Committee resolves that it is necessary to protect the victim student and the student who reported or filed an accusation, and Measure No. 5 when it resolves that it is necessary for the guidance and education of the aggressor student. Both are imposed separately from the score.
Does an administrative agent write a written opinion for a school violence deliberation?
Yes. Hwang Yunsang Administrative Office drafts written opinions and statements for submission to the Deliberation Committee, files information disclosure requests for the minutes, and prepares and files the written request for an administrative appeal and the application for a stay of execution on your behalf.

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.