Key Points
- If there is an objection to the superintendent's measures, the victim's side may challenge the protective measures (Article 16) and the measures against the offending student (Article 17), and the offending student's side may challenge the measures against the offending student, through an administrative appeal or lawsuit (Articles 17-2 and 17-3 of the Act on the Prevention of and Countermeasures against Violence in Schools (the “School Violence Prevention Act”, 학교폭력예방법)).
- An administrative appeal must be filed within 90 days from the date one learned of the decision and within 180 days from the date of the decision (Article 27 of the Administrative Appeals Act).
- A revocation lawsuit must be filed within 90 days from the date one learned of the decision and within 1 year from the date of the decision; if an administrative appeal was filed first, the 90 days run from the date the certified copy of the ruling was served (Article 20 of the Administrative Litigation Act).
- Filing an appeal or lawsuit alone does not suspend execution of the measures, so an application for a stay of execution is needed (Article 30 of the Administrative Appeals Act and Article 23 of the Administrative Litigation Act).
- Before a decision on a stay of execution of school violence measures, the victim's side must be heard, and if the stay is granted, the victim's side may request separation (Article 17-4 of the School Violence Prevention Act).
Administrative Appeals Matters We Handle
- Administrative Appeal — Within 90 days from learning of the decisionAn administrative appeal must be filed within 90 days from the date one learned of the decision and within 180 days from the date of the decision. A ruling is issued after written review and an oral hearing, and if one disagrees with the ruling, an administrative lawsuit may be filed.Calculating the filing deadline · Drafting the appeal petition · Applying for a stay of execution · Responding at the oral hearing · Submitting supplementary briefs
- Administrative Lawsuit — Within 90 days from learning of the decisionA revocation lawsuit may be filed directly without going through an administrative appeal. It must be filed within 90 days from the date one learned of the decision and within 1 year from the date of the decision; if an administrative appeal was filed first, it must be filed within 90 days from the date the certified copy of the ruling was served.Filing suit against the superintendent who made the decision as defendant · Applying for a stay of execution · Securing the case investigation records · Requesting witnesses and documents
- Stay of Execution — Irreparable harm and urgent necessityFiling an appeal or lawsuit alone does not suspend the effect of the measures. There must be an urgent need to prevent serious or irreparable harm, and for school violence measures, the victim's side must be heard before the decision.Concrete showing of harm · Review of the effect on public welfare · Responding to the victim's side's opinion · Preparing for separation measures if the stay is granted
- Participation by the Victim's Side — Notice of participation in the appeal or lawsuitWhen the offending student's side files an administrative appeal or lawsuit, the victim's side is informed of it and of how to participate. The victim's side may participate to argue that the measures are justified, or may challenge the measures directly.Considering participation in the appeal or lawsuit · Submitting an opinion on the stay of execution · Considering a challenge to the protective measures
1. Comparing the Challenge Procedures
| Category | Administrative appeal | Administrative lawsuit (revocation lawsuit) |
|---|---|---|
| Basis | Article 17-2 of the School Violence Prevention Act; Administrative Appeals Act | Article 17-3 of the School Violence Prevention Act; Administrative Litigation Act |
| Filing deadline | 90 days from learning of the decision, 180 days from the decision | 90 days from learning of the decision, 1 year from the decision (if an administrative appeal was filed, 90 days from service of the ruling) |
| Opposing party | The superintendent who made the decision (respondent) | The superintendent who made the decision (defendant, Article 13 of the Administrative Litigation Act) |
| Deciding body | Administrative Appeals Commission | Court |
| Stay of execution | Urgent need to prevent serious harm (Article 30) | Urgent need to prevent irreparable harm (Article 23) |
| Involvement of the victim's side | Notice of the filing and of participation in the appeal | Notice of the filing and of participation in the lawsuit |
A revocation lawsuit may be filed directly without going through an administrative appeal (Article 18(1) of the Administrative Litigation Act). Going through an administrative appeal first costs less time and money, but a lawsuit may still be needed after the ruling.
2. Grounds That Can Be Raised
- Factual error: The argument that no act amounting to school violence occurred, or that the degree of involvement differs from the case investigation results. Objective materials such as original messenger records, video and witness statements are needed.
- Procedural defects: Failure to give an opportunity to state opinions (Article 17(8)), failure to give notice of the meeting (Article 13(4)), unlawful composition of the committee, and the like. There is a lower court judgment holding that measures based on a resolution of an improperly composed committee were unlawful.
- Deviation from or abuse of discretion: The argument that the measures are excessively heavy or light in light of the factors in Article 19 of the Enforcement Decree (seriousness, continuity and intentionality, degree of remorse, possibility of guidance, degree of reconciliation, etc.).
- Content of measures without a legal basis: Whether the content of the measures goes beyond the scope set by law is also checked. There is Supreme Court case law holding that disciplinary measures against students without an express legal basis must be interpreted strictly.
3. How the Process Runs
- Checking the notice of the measures decision: Record the date the notice was received, and check the content of the measures, the legal provisions relied on and the information on how to challenge them.
- Securing the records: Apply for disclosure or inspection of related materials such as the case investigation report and meeting minutes. The deliberation committee must prepare and keep minutes (Article 13(3)).
- Filing the appeal or lawsuit and applying for a stay: Apply for a stay of execution at the same time, before the school record entry, transfer or suspension from attendance takes place.
- Hearing on the stay of execution: The commission or court decides after hearing the victim's side, and the superintendent of education or of the local office of education notifies the victim's side and the school of the result (Article 17-4(1) and (2)).
- Hearing on the merits and the ruling or judgment: If the measures are revoked, they lose effect and the school record entry becomes subject to correction. If the challenge is dismissed, the measures remain.
An amendment to the Administrative Litigation Act scheduled to take effect on March 1, 2028 has been promulgated. For lawsuits filed after that date, the provisions in force on the effective date must be checked again.
4. Practical Points
- The filing deadlines are peremptory, so once they pass the measures cannot be challenged. It is safest to set the schedule immediately based on the date the notice was received.
- A stay of execution is decided separately from the merits, so the harm must be shown concretely, such as the effect of the school record entry on university admissions or the change in educational environment caused by a transfer.
- Even if a stay of execution is granted, if the victim's side requests it, the principal must separate the offending and victim students after review by the response team (Article 17-4(3)).
- The victim's side may participate in the offending student's challenge and state its opinion, and if it believes the protective measures or measures against the offending student are insufficient, may challenge them directly.
Key Court Decisions
Jeju District Court Decision 2019Guhap6370, decided December 15, 2020 (final)Under the former School Violence Prevention Act, the court revoked written apology and no-contact measures based on a resolution of a self-governing committee that was unlawfully composed because an unqualified parent representative and the school violence teacher who had investigated the case took part as members.
Supreme Court Decision 2022Du39185, decided December 1, 2022Holding that the effect of disciplinary measures against elementary and middle school students without an express legal basis must be interpreted strictly, the Court reversed the lower court, which had found unlawful the part of a 'service within the school' measure that included writing an apology letter.
Frequently Asked Questions
Should I file an administrative appeal or an administrative lawsuit first?
For school violence measures, an administrative lawsuit may be filed directly without going through an administrative appeal. The choice is made considering the issues in the case, time, cost and university admission schedules.
If I file an administrative appeal, will the school record entry be postponed?
No. Filing an appeal or lawsuit does not affect the effect or execution of the measures. To stop the entry or execution, a decision granting a stay of execution is needed.
Can the victim student also file an administrative appeal?
Yes. If the victim student or guardians object to the protective measures for the victim or the measures against the offending student, they may file an administrative appeal or lawsuit (Article 17-2(1) and Article 17-3(1)).
From when is the filing deadline calculated?
An administrative appeal must be filed within 90 days from the date one learned of the decision and within 180 days from the date of the decision. Usually, the date the notice of the measures decision was received is treated as the date one learned of it.
If the stay of execution is granted, does my child have to stay in the same class as the offending student?
If a stay of execution is granted, the victim's side may request separation from the principal, and the principal must separate the students after review by the response team (Article 17-4(3)).
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View case →Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.
Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026
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