School Violence Victim

• The child's expression is darker than usual and the child is startled even by trivial things.
• The child is reluctant to go to school or wishes to be absent or transfer schools.
• Wounds or bruises appear frequently for no apparent reason.
• The child wants to be alone and makes extreme doodles.
• The child reacts indifferently even to gossip about friends and is excluded.
• During breaks, the child avoids people and hides in places such as the restroom.
• Loss or damage of belongings becomes frequent, and supplies often go missing.
• The child tries to avoid participating in group activities or school events.
• The child checks the mobile phone frequently and appears anxious, and reacts sensitively when family members try to look at it.
• The child's SNS posts or profile suddenly turn gloomy or negative.

• Photograph wounds or bruises immediately, and obtain a hospital medical certificate, treatment confirmation, and prescription
• Capture messages, SNS posts, and chat room content as screenshots together with the dates
• Do not discard damaged belongings, torn uniforms, and other physical evidence; preserve them as they are
• Secure written statements from witnesses or testimony from classmates
• Request official documents such as the school records and the homeroom teacher's counseling log, inspect them, and save copies

🔗The school violence reporting procedure may be initiated by anyone, including the school violence victim student, a guardian, or a teacher.

Typically, the matter is first reported to the homeroom teacher, and once the principal receives the report, the dedicated school violence body or the School Violence Zero Center must investigate the matter without delay.

The school promptly carries out interim protective measures, such as investigating the facts of the harm, separating the assailant and victim students, and providing temporary protection and treatment; and where it is difficult to resolve the matter through the principal alone, or where dispute mediation fails, the 🔗School Violence Countermeasures Committee must be convened to investigate the matter and respond.

In this case, because the protection of the victim student's right to learn takes priority under the statutes on the prevention of and response to school violence, the victim student may request measures such as a change of class or counseling and treatment.

During the reporting process, the assailant student or his or her parents may offer inducements to the effect that the matter should not be escalated; however, in such a case you should not compromise or give up evidence, but should carry the procedure through to the end.

A school violence victim must give a statement of the facts at the meeting of the School Violence Countermeasures Committee.

At this time, it is important to give a statement consistent with the initial report, and care must be taken that it does not contradict the evidentiary materials that have been submitted.

It is helpful for a parent and a trustworthy guardian to attend together to reduce psychological anxiety, and to rehearse the flow of the statement in advance.

After deliberating on the matter, the School Violence Countermeasures Committee carries out the following protective measures for the victim.

1. Psychological counseling and advice by experts within or outside the school

2. Temporary protection

3. Treatment and recuperation for treatment

4. Change of class

5. Deleted

6. Other measures necessary for the protection of the victim student (referral to a medical institution, support for the deletion of cyber-violence footage, etc.)

In this case, the costs of the victim student's psychological counseling, temporary protection, and treatment and recuperation, etc., must be borne by the assailant student's guardian. (The principal, the School Safety Mutual Aid Association, etc., may pay them first and then exercise a right of reimbursement.)

Where absences are necessary for such measures, they may be counted as included in the days of attendance.

In addition, it is ensured that the very fact of having received protective measures does not operate to the disadvantage of the school violence victim in matters such as grade assessment.

The School Violence Countermeasures Committee imposes on the assailant student dispositions up to the ninth category, including a written apology; a prohibition on contact with, threats against, or retaliation against the victim student; service within the school; community service; completion of special education or psychological treatment; suspension of attendance; change of class; transfer of schools; and expulsion.

It may also render a “no measure” decision following deliberation.

From the school violence victim's perspective, if the assailant receives a “no measure” decision, or a disposition that is excessively lenient in relation to the matter, the victim may contest it through an administrative appeal (adjudication) or 🔗school violence administrative litigation.

If an application for a stay of execution of the measure against the assailant student is granted, the school violence victim may request separation from the assailant student.

School violence may be subject to 🔗assault (Article 260 of the Criminal Act), infliction of bodily injury (Article 257), intimidation (Article 283), coercion (Article 324), and the like.

In addition, cyber violence carried out on SNS or in chat rooms may be the subject of an additional complaint for violation of the Network Act.

A school violence victim files a criminal complaint with the competent police station or the like.

The complaint must specifically attach the facts of the harm and evidentiary materials, and where the victim student is a minor, a legal representative such as a parent prepares it jointly.

Thereafter, the police investigate the victim and the assailant student separately.

During the investigation, an attorney may be retained and asked to be present, and the statements should be organized so that the school investigation and the criminal investigation are not at odds.

🔗Through school violence civil litigation, not only the assailant student but also the parents (legal representatives) may bear liability for damages.

Ordinarily, medical expenses, consolation money for emotional distress, and additional losses arising from the discontinuation of schooling are the subject of the claim.

If harm was suffered because the teacher and the school responded passively to the school violence matter, a claim for damages may also be brought against the teacher, the school corporation, and the local government.

The court assesses consolation money by comprehensively considering the degree of the assailant's violence, the victim student's emotional distress, and the possibility of recovery from the harm.

The repetitiveness and deliberateness of the school violence, and the assailant's parents' responsibility for neglect, are also reflected in the amount of consolation money.

However, since the burden of proving the harm in civil litigation rests on the victim's side, all materials, such as the School Violence Countermeasures Committee's investigation report and the homeroom teacher's written statement, should be used as evidence.

In criminal proceedings, the assailant student's side may offer a settlement amount in advance in order to avoid excessive punishment.

A settlement depends on the will of the student victim's side, and even if a settlement is reached, the civil right to claim damages exists separately, so a damages action is possible apart from the settlement amount.