[Legal Spotlight] (5) Like "True Education," School Violence Can Occur Even Without Physical Force…Early Response Determines the Outcome

Even without physical assault, repeated harassment can be recognized as school violence
"More important than the School Violence Committee is securing early statements and evidence, which determines the direction"

Amid the influence of the recent hit drama "True Education," parents' interest in the issue of school violence is growing. However, school violence is not limited to simple physical assault. Experts advise that, because its legal scope is broad, accurately grasping the facts and responding from the earliest stage of an incident is important.

Kim Dae-won, an attorney at Daeryun LLC, advised on the 22nd, "School violence includes not only assault or injury but also various acts that harm students, such as insult, defamation, ostracism, and cyberbullying," adding, "Depending on the case, it can be recognized as school violence even without physical force, so early response and organizing the facts are more important than anything."

In practice, disputes over whether so-called 'harassment' acts not specified in the statute constitute school violence are not few. Attorney Kim explained, "According to precedents such as those of the Daejeon High Court, the types listed in the statute are merely illustrative provisions," adding, "If a specific student was repeatedly and continuously harassed by exploiting a relational advantage, it can be recognized as school violence even without physical force."

The legal issues surrounding whether school violence is recognized are also diverse. In principle the victim must be a student under the School Violence Prevention Act, but the perpetrator need not be a student. The scope of "school" can also give rise to disputes depending on interpretation.

Introducing a case he is currently handling, Attorney Kim stated, "An elementary school student at an unaccredited international school was assaulted by a public school student, but the education office did not process it as a school violence matter, so a constitutional complaint has been filed on grounds of an infringement of the right to equality."

Experts emphasize that in school violence cases, understanding not only the concepts but also the procedures is important. Generally, once a report is filed, a student statement is prepared, an investigator conducts an inquiry, and then the School Violence Countermeasures Deliberation Committee holds its deliberation.

The explanation is that while many students and parents focus on their testimony on the day of the committee, in reality the materials and statements secured during the investigation stage have a large influence on the decision. Unlike criminal cases, school violence cases often do not involve compulsory investigation, so the student statement, witness statements, and evidentiary materials become the core basis for determining the facts.

In particular, because there are cases in which the student gives statements separated from a guardian during the investigator's inquiry, the possibility that a nervous or intimidated student may leave statements unfavorable to themselves cannot be ruled out.

Attorney Kim said, "In school violence cases, the direction of the case is in effect often decided at the early statement and investigation stage before the committee convenes," adding, "Whether one is the victim student or has been identified as the offending student, one must respond systematically from immediately after the procedure begins, organizing the facts and securing evidence."

He added, "If necessary, receiving help from an expert experienced in school violence cases to review the direction of one's response can also be a method."

Reporter Jeong Ye-jin yejin0311@inews24.com

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[Legal Spotlight] (5) Like "True Education," School Violence Can Occur Even Without Physical Force…Early Response Determines the Outcome (Go to Article)