Legal Q&A
Q
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A little while ago, I got into a fight with a friend at school, and my friend filed a school violence report naming me as the perpetrator. Honestly, the fight happened because of my friend's fault, and he cursed at me just the same, so it is absurd that I am called the perpetrator. I want to report him as a perpetrator in the same way; would that be possible? Also, it is a bit awkward to tell my parents, so can I cancel the school violence report myself?
School violence report
School bullying report
School Violence Countermeasures Committee
Answer
Published:
Author : Kuk Il KIM
You have asked about a school violence report. The Act on the Prevention of and Countermeasures against School Violence defines school violence as an act that entails physical, mental, or property damage to a student.
Therefore, if you have suffered such harm because of your friend, you can likewise report him as a school violence perpetrator.
However, to be recognized as a victim of school violence, the important thing in the case is that there must be evidence capable of proving the harm.
Examples might include the content of conversations containing harassment, a medical certificate for injuries caused by the violence, and the testimony of a witness who saw the fight.
And, unfortunately, it is difficult to cancel a school violence report that has already been filed.
This is because, under current law, once the head of the school becomes aware of school violence, it is stipulated that the school must establish a dedicated body, conduct a fact-finding investigation, and then report the results to the Superintendent of Education.
However, there are exceptional cases in which the matter can be concluded at the level of the head of the school without the School Violence Countermeasures Committee being convened.
These include cases where there is no medical certificate requiring two or more weeks of treatment, where there is no property damage or it has been restored, and where the violence is neither continuous nor retaliatory.
However, please note that such cases can only be resolved with the written consent of the victimized student and guardian and the written confirmation of the school's dedicated body.

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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property
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