Criminal Proceedings May Continue Even After a School Violence Committee Decision

School violence cases require a response that distinguishes administrative proceedings, juvenile proceedings, and criminal proceedings

A school violence case sometimes ends with the administrative procedure of the School Violence Countermeasures Deliberation Committee (commonly called the "School Violence Committee"), but depending on the matter, a separate criminal complaint may proceed. If the victim student's side files a complaint, a police investigation begins, and there is a possibility it may later lead to a juvenile trial or a criminal trial.

Once the victim student's complaint is received and a police investigation begins, the applicable procedure differs according to the offending student's age. If the suspect is a "quasi-juvenile" aged 10 or older but under 14, they are not subject to criminal punishment, but they may be transferred to the juvenile division of the family court and receive a hearing on whether protective measures apply.

On the other hand, if they are a "criminal juvenile" aged 14 or older but under 19, they may be subject to criminal liability. In this case, the investigation records are transferred to the prosecution, and the prosecutor in charge reviews the seriousness of the matter, the evidentiary relationship, and the extent of harm to decide on a disposition such as no charge, suspension of indictment, transfer to the juvenile division, or formal indictment.

If your child has been the subject of a complaint in a school violence case, early response is important. Rather than immediately complying with an inquiry just because you received a request to appear at the police station, it is necessary to grasp the contents and issues of the complaint as far as possible before undergoing the inquiry. The point is that a process of confirming the harm and facts alleged by the complainant and organizing the direction of one's statements is necessary.

A point to be especially careful of in school violence cases is that even when the School Violence Committee and the investigative agency look at the same case, their judgment standards and conclusions may differ. The School Violence Committee is an administrative procedure that deliberates the facts with weight on student guidance and educational measures. In this process, the specificity, consistency, and mutual correspondence of student statements can act as important judgment factors.

On the other hand, in criminal proceedings, proof of the criminal facts is required, and the evidentiary principles under the Criminal Procedure Act apply. Article 310 of the Criminal Procedure Act provides that when a defendant's confession is the only evidence unfavorable to that defendant, it cannot be used as evidence of guilt. That is, a confession alone makes a finding of guilt difficult, and corroborating evidence to support it is required.

For this reason, even if an act was recognized as school violence in the school's procedure, a different conclusion may be reached at the investigation stage due to insufficient evidence and the like. Conversely, even if a relatively light measure was imposed by the School Violence Committee, a different judgment may be made if separate evidence is confirmed in the criminal proceedings.

The nature and required time of the procedures also differ. The School Violence Committee aims at educational measures and protection of the victim student, and depending on the case often proceeds relatively quickly. On the other hand, in criminal proceedings, the constitutional presumption of innocence and the evidentiary principles under the Criminal Procedure Act apply, and stricter proof of the criminal facts is required.

However, a School Violence Committee decision does not directly bind the criminal proceedings. Nevertheless, because the student statement prepared during the School Violence Committee process, the deliberation results, and related materials may be used as reference materials by the investigative agency, statements at the committee stage should also be made prudently, keeping in mind the possibility of future criminal proceedings.

Ultimately, receiving a favorable disposition at the School Violence Committee does not guarantee a finding of no charge in the criminal proceedings. Conversely, even if an unfavorable measure is imposed by the committee, there is a possibility that a different conclusion may be reached through a review of the evidence and legal principles at the investigation or trial stage.

Attorney Park Gyu-seok of Daeryun LLC said, "One must also be mindful that when a claim for treatment costs or consolation money is raised due to school violence, it may lead to a separate civil lawsuit," adding, "Since a single school violence case can lead to an in-school administrative disposition, criminal proceedings, and damages issues, it is necessary to respond by considering the entire procedure from the early stage when a complaint is filed."

A school violence case cannot be considered to be concluded by the School Violence Committee's measures alone. In particular, once a criminal complaint is filed, an entirely different procedure may proceed depending on the student's age and the evidentiary relationship, so both guardians and students need to be prudent in their early statements and in organizing materials.

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