Selected Cases
Dismissal of Application for Preliminary Injunction Seeking Suspension of University Disciplinary Action
One Law Partners, LLC successfully represented a university in a preliminary injunction proceeding seeking suspension of the effectiveness of a disciplinary action imposed on a student and obtained a decision dismissing the application.
1. Case Overview
The applicant, after receiving a disciplinary sanction from the university for a specified period, filed an application seeking suspension of the effectiveness of the disciplinary action.
The applicant alleged procedural defects in the disciplinary process, the absence of grounds for discipline, and the excessive nature of the sanction.
2. Key Issues
The principal issues in this case were as follows:
· Whether the disciplinary procedure was conducted lawfully
· Whether sufficient grounds for discipline had been established
· Whether the disciplinary action was excessively severe to the extent that it exceeded the university’s discretionary authority
3. Legal Strategy
Attorneys Seo-young Kang, Jeong-pyo Ko, and Carolyn Ye Eun Kang of One Law Partners, LLC explained that the applicant had been given sufficient opportunities to present opinions throughout the investigation and disciplinary process, and that the disciplinary grounds were substantiated when all relevant materials were considered together.
They further emphasized that student discipline falls within an area where a university’s educational judgment and institutional autonomy should be respected, and that the nature of the disciplinary action, the surrounding circumstances, and the purpose of the discipline should all be considered comprehensively. The attorneys argued that the disciplinary action at issue could not readily be regarded as an unlawful exercise of discretion exceeding the bounds of the university’s authority.
4. Significance of the Case
The court held that the disciplinary action was not objectively and manifestly unreasonable to such an extent that it constituted an unlawful exercise of the university’s discretionary authority and therefore dismissed the applicant’s request for a preliminary injunction suspending the effectiveness of the disciplinary action.
This decision is significant in that it confirms that, in cases involving student discipline at universities, the propriety of the procedure, the degree to which the disciplinary grounds are substantiated, and the university’s discretion in disciplinary matters must be considered comprehensively.
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Attorney Seo-young Kang | sykang@onelawpartners.com
Attorney Jeong-pyo Ko | jpgoh@onelawpartners.com
Attorney Carolyn Ye Eun Kang | yekang@onelawpartners.com
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Public Relations Team, One Law Partners, LLC | pr@onelawpartners.com

