The Reality Not Shown in Netflix's 'Study Group'…"The First Statement Decides 80% of a School Violence Case"

[Interview] Attorney Kim Dae-won, School Violence Response Group, Daeryun LLC

"In school violence cases, the initial response effectively determines the outcome. Rather than approaching it emotionally, you must establish a consistent response strategy based on objective materials."

On the 19th, Attorney Kim Dae-won of Daeryun LLC emphasized this about the actual procedures of school violence disputes. Attorney Kim pointed out the importance of initial statements and securing evidence in school violence cases, which unfold in complex ways.

Recently, private-punishment narratives, centered on online video service content, have won public support. However, real-world school violence cases are not resolved at once through a simple good-versus-evil structure. It is a structure entangled from the in-school investigation to the deliberation of the School Violence Countermeasures Deliberation Committee, police investigation, and civil and criminal litigation.

School violence is established even without physical violence. Defamation, insult, and ostracism, as well as any act that inflicts physical, mental, or property damage on a student, can all constitute school violence. The practical judgment standard is relational superiority. If the perpetrating student repeatedly inflicts harm by exploiting a superior position in peer relationships, influence within the class, physical build, and the like, it is recognized as serious school violence even without direct assault.

The factor requiring the most caution in the initial response to a case is the student statement. The initial statement hastily written at the school's request is granted high credibility throughout the subsequent procedures. Forcibly writing even parts one does not remember while flustered, or writing emotionally, becomes a risk factor. The Committee places importance on the consistency of the initial statement. Reversing a statement afterward is highly likely to be interpreted as evasion of responsibility.

Attorney Kim advised, "In the investigation by the education support office's investigator that follows one to two weeks later, it is difficult for a guardian or defense counsel to be present, so the student feels strong pressure," adding, "Through advance preparation, one must distinguish and state the facts one directly experienced from the content heard from others."

Attempts to change the outcome through statements on the day of the Committee hearing have low effectiveness. The members review the investigation report, student statements, and evidence materials all in advance and attend the deliberation. The procedure on the day is closer in nature to confirming a reflective attitude or the will for damage recovery, rather than asserting new facts. The substantive outcome is determined not by eloquence on the day of the Committee hearing, but by the documents submitted in advance.

A Committee disposition does not mean the end of the case. If criminal acts violating the Criminal Act, such as assault, injury, defamation, or sexual violence, are included, the victim student's side can submit a complaint to the police. A police investigation independent of the Committee procedure is initiated. Depending on the matter, it leads to a juvenile trial or an ordinary criminal trial.

The judgment standards for school violence cases and criminal cases differ. The Committee, as an administrative procedure, can impose discipline based on students' statements alone. A criminal case, under the presumption-of-innocence principle, requires strict corroborating evidence to support a confession. Even if one received a heavy disciplinary measure at the Committee, a no-charge disposition may be issued in criminal procedure due to a lack of evidence. Conversely, even if the Committee disposition is light, the investigative agency's judgment may differ.

Attorney Kim said, "If a dispute expands into administrative litigation or civil and criminal litigation, objective evidence determines the outcome," adding, "Objective evidence such as messenger conversation content, recording files, and closed-circuit footage determines the success or failure of the trial. Materials that seemed trivial at the early stage of the case must not be deleted."

There are also cases where the progress of the procedure is blocked due to institutional blind spots. A representative example is the case where the competent education office rejects the acceptance of a report on the grounds that an unaccredited international school is not subject to the School Violence Prevention Act. A legal response contesting the illegality of the education office's disposition must accompany it, beyond merely proving the facts.

Attorney Kim left advice for students and parents who may be unfairly caught up in a dispute. He said, "A trial is a last resort to correct a wrong outcome," adding, "Regardless of whether one is a perpetrator or a victim, receiving the assistance of a legal expert from the early stage and responding meticulously is the best defense to prevent a long, drawn-out dispute."

Reporter Hwang Jung-won (garden@sidae.com)

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The Reality Not Shown in Netflix's 'Study Group'…"The First Statement Decides 80% of a School Violence Case" (Go)