Perpetrators of school violence remain on record even after graduation... Are there any unfair charges? [Lawyer Eunhye Kang’s column]

[Media Fine Current Affairs Column] School violence refers to all acts involving physical, mental, or property damage, such as assault, threats, or sexual violence, that occur against students inside or outside of school. It is easy to take this lightly as something that happens between school children, but it is a serious incident of violence and must be held accountable.

If the perpetrator of such a school violence incident is serious or does not show an active attitude toward reaching an agreement with the victim or recovering from the damage, he or she may be subject to various measures, such as forced expulsion or forced transfer, through the procedures of the School Violence Response Review Committee (School Violence Committee).

In the School Violence Deliberation Committee, deliberation members impose a certain level of punishment on the offending student for the wrongful actions committed by the offending student toward the victim. At this time, the disposition received from the School Violence Review Committee cannot be deleted from the student records for two years, which greatly hinders the student from advancing to higher school, and follows him around like a tag even after graduation.

However, if you are unfairly implicated as an aggressor, you must prepare for and respond to the School Violence Review Committee to avoid being unfairly punished by the School Violence Review Committee. The bigger problem is that if the case is serious or the victim suffers a great deal, it is highly likely that it will not only result in a school violence committee action, but also lead to civil or criminal lawsuits for school violence victims.

In addition, in the case of school violence, the parties involved are minors, and it is difficult to determine the true nature of the incident through the statements of the students involved and those who witnessed it, so there are many cases in which they are unfairly framed as perpetrators or receive more severe punishment than the actual act.

In the case of school violence, a clear line must be drawn regarding one's responsibility for the wrongfully accused perpetrator, but this is a problem that is difficult to resolve on an individual basis due to legal and procedural difficulties. Excessive or unfair dispositions must be supported by an accurate understanding of the facts and an objective legal analysis of the incident, so you must respond strategically through a professional lawyer. (Attorney Kang Eun-hye, Daeryun Law Firm)

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