Start with dates after a Korean school-violence measure notice
A parent may want to challenge the facts or proportionality immediately, but the first planning task is to preserve the dates shown by the notice and delivery record.
An administrative appeal and a cancellation lawsuit have ordinary filing windows measured from both knowledge of the disposition and the disposition itself.
Filing either challenge does not automatically stop a suspension, class transfer, school transfer or another measure from being executed.
This calculator places the disposition date, knowledge date, planned filing date, execution date and a user-selected stay-decision assumption on one timeline.
It compares ordinary filing deadlines, school days affected and documented household costs under no-application, granted-stay and denied-stay scenarios.
It never assigns a probability to a stay, predicts success on the merits or decides whether the underlying measure was lawful.
Decisions the tool supports
- Identify the earlier ordinary filing limit.
- Estimate school days before an assumed stay decision.
- Compare entered costs and available budget.
- Prepare focused questions for the school, education office and Korean counsel.
Decisions the tool does not make
- Whether the alleged school violence occurred.
- Whether a measure or record entry is proportionate.
- Whether urgent or irreparable harm is legally established.
- Whether a record will be deleted on a particular date.
A challenge and a stay of execution are separate
Article 30 of Korea's Administrative Appeals Act states the general rule that an appeal does not suspend the effect or execution of the disposition or continuation of procedure.
Article 23 of the Administrative Litigation Act applies the same general structure to a cancellation lawsuit.
A separate stay decision may be available when the statutory conditions are met, but the competent body or court evaluates those conditions from the actual record.
Why the distinction matters
Assuming that a filing automatically stops execution can consume the short period available to address classes, attendance, transfer logistics and separation arrangements.
Confirm the execution date and method in writing with the school or education office, and separately confirm how a stay application and result will be communicated.
Article 17-4 of the School Violence Prevention Act also addresses hearing the victim student's side, notice of the application and result, and a separation request after a stay is granted.
Ordinary administrative-appeal and lawsuit deadlines
Article 27 of the Administrative Appeals Act generally requires filing within 90 days after learning of a disposition and within 180 days after the disposition.
Article 20 of the Administrative Litigation Act generally requires a direct cancellation action within 90 days after learning of the disposition and within one year after the disposition.
The calculator displays the earlier date in each pair because satisfying only the longer outer limit is not enough when the knowledge-based limit expires first.
Ordinary Korean filing-deadline comparison| Route | Knowledge limit | Outer limit | Displayed result |
|---|
| Administrative appeal | 90 days after knowledge | 180 days after disposition | Earlier ordinary date |
| Direct cancellation lawsuit | 90 days after knowledge | One year after disposition | Earlier ordinary date |
| Lawsuit after appeal | Actual ruling service date matters | A separate ruling-based outer limit applies | Not finalized without the service date |
Under Civil Act timing rules, the model excludes the starting day by adding the stated number of days and moves a Saturday or Sunday deadline to Monday.
It does not contain a Korean public-holiday or temporary-holiday calendar, so the responsible authority or Korean counsel must confirm the actual last filing day.
Exceptions involving incorrect notice, justifiable cause, nullity, inaction or special legislation also require individual review.
How to use the calculator
- Enter the date on the disposition and the date the family actually learned of it.
Preserve delivery, email, school-document and access records supporting those dates.
- Enter a feasible filing date, the announced execution date and a stay-decision date that you want to test.
The assumed decision date is your scenario and not a forecast of an authority's processing speed.
- Select the school level, measure number, affected school days and school days remaining to graduation.
Measure 9 expulsion is disabled for elementary and middle school because it does not apply during compulsory education.
- Check the school calendar for vacation or closure weekdays between execution and the assumed decision.
The model removes weekends automatically but knows nothing about an individual school's calendar.
- Enter only documented learning, caregiver-income, professional, court and stay-application costs.
Separate fixed costs avoided by a granted stay from costs incurred regardless of the result.
- Print the comparison and review it with the notice, school calendar and written fee quotes.
If execution or a filing limit is close, prioritize an official filing check and individual advice over further modeling.
School-day and cost formulas
Days before the assumed stay decision
The model counts weekdays from the execution date inclusive to the assumed decision date exclusive.
It subtracts confirmed non-school weekdays and caps the result by both affected school days and remaining school days.
It does not determine official attendance treatment or alternative instruction provided by a school.
Daily loss
Daily loss is the sum of entered learning-replacement cost and caregiver-income loss.
One-time transfer preparation or course-registration amounts belong in a fixed-cost field.
Do not invent a cash value for distress, reputation or an uncertain future admission outcome.
Granted-stay scenario
The model adds route cost, stay-application cost, daily loss through the assumed decision and unavoidable academic cost.
Avoidable fixed academic cost is excluded because this scenario assumes that a granted stay prevents it.
Denied-stay scenario
The model adds route cost and stay-application cost to daily loss for the full affected period plus both fixed academic-cost categories.
This is a household cash comparison and does not rank monetary interests above victim protection or legal requirements.
Break-even saved school days
The model subtracts avoidable fixed academic cost from the additional stay-application cost, divides the positive remainder by daily loss and rounds up.
It returns no break-even day count when daily loss is zero.
A favorable break-even point is not evidence that the legal requirements for a stay are satisfied.
School-record reference rules
Article 22 of the Enforcement Rule of the Elementary and Secondary Education Act supplies a general deletion structure for school-violence measures.
Measures 1 through 3 are generally deleted at graduation, measures 4 and 5 two years after graduation, and measures 6 through 8 four years after graduation.
Measure 9 is not assigned an automatic date by this simplified model.
Measures 1 to 3
The expected graduation date is shown as the standard reference.
Confirm actual status with the school.
Measures 4 and 5
Two years after the entered graduation date is shown.
Graduation-time review may be possible subject to conditions.
Measures 6 to 9
Measures 6 through 8 show four years after graduation.
Measure 9 requires individual confirmation.
Early deletion review for some measures can depend on later incidents, the interval between the measure and the end of the graduation year, school deliberation and transitional provisions.
Attendance handling is also distinct from the calculator's economic school-day count.
For example, absence related to measures 3 through 5 may count as attendance if the principal recognizes it, while suspension under measure 6 has separate record guidance.
Practical scenarios
Suspension starts within seven days
Verify receipt and execution dates first, then enter a filing date that is operationally possible.
Check the school calendar rather than treating every weekday as a class day.
Use the output to organize attendance, instruction and filing questions, not to delay an urgent official submission.
Transfer measure near graduation
Cap affected days by school days remaining and separate avoidable transfer preparation from costs incurred regardless of the stay result.
Ask both the current and receiving schools about enrollment transfer, instruction and record handling.
Budgeting for appeal followed by litigation
Selecting both routes adds the entered professional fees and court costs.
The later lawsuit deadline still depends on the actual appeal-ruling service date, which is not known from the initial notice.
Split retainers, success fees, court charges and opinion costs by payment date when a budget gap appears.
Frequently asked questions
Does an administrative appeal immediately stop the measure
No.
Filing generally does not suspend the disposition or its execution, so a separate stay decision may be needed.
Is online filing always timely if completed on the displayed date
The display applies ordinary rules and weekend adjustment only.
Public holidays, filing cutoffs, jurisdiction, service questions and special rules require official confirmation.
Does a large modeled saving mean a stay is likely
No.
The saving is arithmetic from user-entered amounts and does not evaluate urgency, irreparable harm, public interest or merits.
Is the record date a guaranteed automatic deletion date
No.
It is a standard-rule reference that must be checked against later measures, school review, transitional provisions and actual school processing.
Can a victim student's family use this loss model
This model is scoped to execution and challenge costs for a measure imposed on the aggressor student.
Victim treatment, lost income and civil damages need a separate damages workflow, while views and separation requests in a stay procedure should be confirmed with the authority.
Official sources and model boundary
The model was checked against official Korean legal texts on August 26, 2026.
It uses the School Violence Prevention Act effective June 2, 2026, the Administrative Litigation Act effective May 12, 2026, and the then-current Administrative Appeals Act and Civil Act provisions described above.
Legal amendments, transitional rules or a case-specific special provision can change the result.
- School Violence Prevention and Countermeasures Actfor measures, challenges and the school-violence stay procedure.
- Administrative Appeals Actfor filing limits, non-suspension, stays and decision periods.
- Administrative Litigation Actfor cancellation-action limits and judicial stays.
- Enforcement Rule of the Elementary and Secondary Education Actfor the general deletion structure by measure number.
- School Record Writing and Management Directivefor entry, deletion-review and attendance details.
- Recheck the latest official texts before any actual filing.
Turn the notice into a dated action list
With the notice, delivery record, execution date and school calendar, the calculator can organize ordinary deadlines and school-day scenarios in minutes.
Save the result with fee quotes, then ask the school about execution and records, the education office about filing logistics, and Korean counsel about deadlines and stay requirements.
If a filing limit or execution date is near, prioritize official confirmation and individual advice over online estimates.