CONTENTS
- 1. School Violence Offender | Need to Guarantee the Constitutional Right of Defense
- 2. School Violence Offender | How to Respond at the Reporting Stage
- - What Are the Methods of Investigating a School Violence Matter?
- - Deliberation and Emergency Measures by the Dedicated Body
- - Grounds for Suspension of Attendance and Class Transfer
- - Points of Caution from the Assailant Student's Perspective
- 3. School Violence Offender | Procedure and Scope of Measures of the School Violence Committee
- - Materials to Prepare and Points of Caution When Responding to the School Violence Countermeasures Committee
- 4. School Violence Offender | Responding to Other Civil and Criminal Procedures
- - Gathering Sentencing Materials Needed for Settlement and Leniency
- - Defense Against Protective Dispositions upon Referral to the Juvenile Court
- - Responding to a Victim's Claim for Damages
- - How to Mitigate Civil and Criminal Liability?
- 5. School Violence Assailant | Administrative Procedures for Contesting a Decision
- 6. School Violence Assailant | Expert Assistance and Actual Cases
- - Cases Defending the Position of a School Violence Assailant
1. School Violence Offender | Need to Guarantee the Constitutional Right of Defense
Likewise, the constitutional right of defense, procedural rights, and the like must be fully guaranteed for a student identified as a school-violence offender and for the student's family.
This is because, in the actual school setting, cases frequently occur in which a student is unjustly identified as an offender or receives an excessive disciplinary measure as a result of mere misunderstanding, distortion of the facts, or collective statements.
School-violence-related statutes, such as the School Violence Prevention Act and the Juvenile Act, are premised on the protection of the rights and interests of both the victim and the offender.
2. School Violence Offender | How to Respond at the Reporting Stage
Where school violence has occurred, the victimized student, the student's guardian, a teacher, or the like reports the occurrence of the school violence to the school principal or the police.
Once the receipt of the school-violence report is confirmed, the perpetrating student and the victimized student are separated within 24 hours, after which an accurate investigation of the matter proceeds.
The school-violence offender is first subject to the No. 2 measure, namely the ‘prohibition of contact with, and of threats and retaliatory acts against, the victimized student and the reporting and accusing student.’
What Are the Methods of Investigating a School Violence Matter?
- Statements of confirmation from the victimized and perpetrating students and witnessing students
- Surveys of the students related to the victimized and perpetrating students and of the class
- Email, chats, message boards, SNS, screen captures of the harm suffered, and the like—collection of photographic, video, and recorded materials
- Where harm such as violence has occurred, physical and mental medical certificates, doctors' opinions, and the like to prove it
Deliberation and Emergency Measures by the Dedicated Body
Deliberation is conducted through a dedicated body composed of the vice-principal, a professional counseling teacher, a health teacher, the teacher responsible for school violence, parents, and others.
Emergency measures may be imposed on the perpetrating student.
- Written apology to the victimized student
- In-school service
- Completion of special education or psychological treatment
- Suspension of attendance
- Class transfer
Grounds for Suspension of Attendance and Class Transfer
Following deliberation by the dedicated body, the school principal sometimes imposes a measure of suspension of attendance or class transfer.
- Two or more students engaging in intentional, persistent violence
- Bodily injury requiring two or more weeks of treatment caused by an act of school violence
- Violence committed for the purpose of retaliation for the reporting of, a statement about, or the provision of materials regarding school violence
- A request for separation by the victimized student's side, and the like
Points of Caution from the Assailant Student's Perspective
If you are in the position of a school violence assailant, you should confirm the following points of caution before responding to matters such as the case investigation.
3. School Violence Offender | Procedure and Scope of Measures of the School Violence Committee
Where the school is unable to resolve the matter on its own after the fact-finding investigation is completed, it convenes the School Violence Countermeasures Deliberation Committee.
In this case, pursuant to the School Violence Prevention Act, the committee deliberates on the matter and, using criteria such as intent, seriousness, and persistence, imposes the following measures on the school-violence offender.
The measure must be carried out within 14 days, and any absence resulting from the implementation of the measure may, with the principal's recognition, be counted as included in the number of attendance days.
| No. 1 Written apology | Making a written apology |
| No. 2 Prohibition of contact, threats, and retaliatory acts | Prohibiting the perpetrating student from approaching the victimized student |
| No. 3 In-school service | Service activities within the school |
| No. 4 Community service | Service activities at social welfare institutions, public institutions, and administrative agencies |
| No. 5 Completion of special education or psychological treatment | Completion of special education or psychological treatment by experts within or outside the school |
| No. 6 Suspension of attendance | A suspension of attendance for 5 to 10 days |
| No. 7 Class transfer | Transfer to another class within the same school |
| No. 8 School transfer | A compulsory school transfer measure |
| No. 9 Expulsion | Expulsion of the perpetrating student (applicable only to high school students) |
Materials to Prepare and Points of Caution When Responding to the School Violence Countermeasures Committee
Before the School Violence Countermeasures Committee convenes, the assailant student should prepare rebuttal materials and a statement of opinion regarding the facts.
It is advisable to attach copies of objective materials and to make a positive impression by including not only the facts but also a willingness to reflect and a plan to prevent recurrence.
In particular, rather than a unilateral apology or admission of facts, an accurate explanation consistent with the facts is necessary.
The guardian should likewise convey that the student is showing remorse and explain in detail the plan for guidance within the home, so as to help lower the level of discipline.
4. School Violence Offender | Responding to Other Civil and Criminal Procedures
From the standpoint of a school-violence offender, one must also bear in mind the civil damages and criminal punishment that may be brought by the victimized student's side.
School violence may constitute various criminal offenses, such as assault, infliction of bodily injury, coercion, extortion, defamation, and insult.
When the victim files a criminal complaint with the police, the investigative agency immediately summons the perpetrating student as a suspect for questioning.
If, at this stage, one hastily admits the facts or makes a statement disadvantageous to oneself, it may be used as adverse evidence in any subsequent trial, so please review the following points of caution.
Gathering Sentencing Materials Needed for Settlement and Leniency
In a school-violence criminal case, a settlement has a direct effect on the level of punishment.
Where an amicable settlement with the victim's side is reached, a suspension of indictment or mitigation to a fine becomes possible, and the victim's expression of the wish not to have the offender punished is submitted as important sentencing material affecting the judgment.
One must adequately prepare a realistic compensation plan, and grounds for leniency such as a letter of apology, a letter of reflection, and the completion of other guidance education.
Defense Against Protective Dispositions upon Referral to the Juvenile Court
In particular, a criminally minor person under the age of 14 becomes subject to a protective disposition under the Juvenile Act instead of criminal punishment.
However, because even a protective disposition following a juvenile protection trial may remain as a significant record in a student's school life and career path, it is advisable to devise a defense strategy so that, as far as possible, the lightest possible disposition is received and it can be deleted from the school records after graduation.
Types of protective disposition
- Entrustment to protective custody of a guardian or the like
- Attendance order
- Community service order
- Short-term or long-term probation by a probation officer
- Entrustment to protective custody of a welfare facility or the like
- Entrustment to a juvenile medical protection facility
- Referral to a juvenile reformatory for up to one month
- Short-term or long-term referral to a juvenile reformatory
Responding to a Victim's Claim for Damages
The student victim may pursue damages against the assailant and his or her parents through civil litigation.
Typically, consolation money for emotional distress and medical expenses are claimed, and the amount claimed increases substantially depending on the degree of injury and whether schooling was discontinued.
Consolation money is assessed by comprehensively considering factors such as the severity of the violence, the degree of the assailant's responsibility, the extent of the victim's harm, and whether a settlement has been pursued.
In response to indiscriminate and excessive claims, the scope of liability should be narrowed by asserting matters such as insufficiency of evidence and the existence of jointly responsible parties.
How to Mitigate Civil and Criminal Liability?
If you wish to mitigate, even to some extent, the liability borne as a school violence assailant, it is advisable to clearly coordinate a settlement and to prove that the duty of supervision was fulfilled.
We recommend that you establish a strategy for the assailant's side along the following lines.
5. School Violence Assailant | Administrative Procedures for Contesting a Decision
If you are a school violence assailant who contests the decision of the School Violence Countermeasures Committee, you must prepare for an administrative appeal (adjudication), an administrative disposition, and the like.
Administrative Appeal (Adjudication) | Administrative Litigation |
A remedial procedure filed with the Administrative Appeals Commission by a citizen whose rights or interests have been infringed by an unlawful or unjust disposition or omission of an administrative agency | A procedure to remedy an infringement of rights or interests caused by an administrative agency's unlawful disposition or its exercise or non-exercise of public authority (plaintiff = student / defendant = superintendent of education) |
May be filed by both the assailant student and the victim student | May be filed by both the assailant student and the victim student |
Objection to a measure by the superintendent of education (including a disposition by the School Violence Countermeasures Committee) | Objection to a measure by the superintendent of education (including a disposition by the School Violence Countermeasures Committee) |
Within 90 days from the day the disposition became known, and within 180 days from the day it was rendered | Within 90 days from the day the disposition became known, and within 1 year from the day it was rendered |
6. School Violence Assailant | Expert Assistance and Actual Cases
If you have been identified as a school violence assailant, you should respond promptly to the facts from the outset, examine the possibility of a settlement, and gather favorable evidence.
We advise you to review the points of caution explained above and to respond in such a way that a small misunderstanding does not lead to significant disadvantage.
As you prepare a calm and meticulous response, should you require the assistance of an attorney specializing in school violence, you may schedule a legal consultation with our firm.
An attorney specializing in school violence, with experience as an expert member of an Office of Education's School Violence Countermeasures Committee and as a student disciplinary mediation member, will stand by the school violence assailant and assist with the right of defense and the right to make statements.
