School Violence

Physical violence refers to any act that inflicts physical pain on another person or restricts their freedom.

Verbal violence refers to any speech or conduct that defames or insults another person, or that causes mental suffering through intimidation.

Extortion of money or goods refers to acts of extortion that include demanding money or goods with no intention of returning them from the outset, failing to return borrowed items, or intentionally damaging property.

Coercion refers to the act of obstructing another person's exercise of a right through assault or intimidation, or of forcing a person to do something the person is not obligated to do.

Ostracism refers to the act of collectively excluding or alienating a particular target and thereby causing emotional suffering.

Sexual violence refers to any act that causes the other party sexual humiliation or shame through assault, intimidation, or an act committed without consent.

All acts of harassment using information and communications devices are referred to as cyber violence.

For example, cyber verbal abuse, cyber defamation, extortion of money or goods, cyberstalking, and distribution of illegal videos are various harassing acts carried out in online spaces, all of which constitute cyber violence.

The criminal liability procedure according to the offender's age is as follows.

A juvenile protection trial is a trial in which, when a juvenile under the age of 19 has committed a crime or a delinquent act, a protective disposition is imposed in order to improve the juvenile's environment and to correct the juvenile's character and conduct.

In such a trial, in order to prevent reoffending by the juvenile and to support sound development, various protective dispositions may be imposed.

Where a perpetrator of school violence is 14 years of age or older, both the Juvenile Act and the Criminal Act apply, so the person may be subject to both a protective disposition and criminal punishment.

In addition, if a guilty judgment is rendered by the court, the person may bear liability to compensate for the direct property damage and medical expenses arising from the crime.

The person may also bear liability for damages with respect to the amount of compensation agreed upon between the perpetrator and the victim.

Where harm, such as medical expenses, results from school violence, a civil claim for damages is possible.

Civil proceedings are possible for all school violence matters, and through civil litigation a claim may be made not only for medical expenses but also for compensation for mental harm.

If you must appear for a police or school investigation in connection with a school violence case, carefully organizing the circumstances of the case and your position is very important.

Because the investigation has a direct effect on whether criminal punishment follows and on the level of disciplinary action, false statements or responses driven by emotion should be avoided.

For example, it is advisable to make specific notes on when, where, and in what situation the conflict with the other party occurred, and to secure any evidence or witness statements in advance.

Where a person denies an allegation of perpetrating school violence, preparing objective evidence that can prove innocence is necessary.

A mere denial may work unfavorably, so an accurate understanding of the facts and the securing of evidence should come first.

For example, CCTV footage, statements from friends, mobile phone location records, and the like that can show one was not present at the scene at the time or that the victim's statement was exaggerated may be helpful.

In order to reduce the severity of punishment, sincere reflection, an apology to the victim, and efforts to prevent recurrence are essential.

An amicable settlement with the victim, completion of school violence prevention education, and participation in counseling, among others, are mitigating factors that the court takes into account.

For example, submitting a record of meeting the victim in person to apologize and attempt reconciliation, or of faithfully participating in educational programs conducted by the school or local community may result in a reduction of punishment.

If a person considers a disposition by the school or the court to be unjust, the person may file an objection within the prescribed period.

In this case, confirming the procedure and the time limit accurately is important, and when it is difficult to proceed alone, it may be advisable to obtain the assistance of a professional.

For example, when contesting a school's disciplinary decision, a person may file for administrative adjudication or raise an objection through legal procedures.

For a legal response, it may be advisable to carefully prepare the relevant documents and evidence and to obtain the assistance of an attorney with relevant experience.