CONTENTS
- 1. Civil Lawsuit Concerning School Violence | The Significance and Purpose of Conducting a Civil Lawsuit
- 2. Civil Lawsuit Concerning School Violence | Requirements for Filing and the Parties Liable
- - The Court of Jurisdiction and Standing of the Parties
- - The Offender's Liability for Damages
- - The Liability of Teachers and the School for Damages
- - The Course of the Civil Litigation Procedure
- 3. Civil Lawsuit Concerning School Violence | Preparation from the Victim's Perspective
- - Methods of Collecting Evidence of Harm
- - Asserting Liability Against Teachers and the School
- - Drafting the Complaint and Points to Note When Filing
- 4. Civil Lawsuit Concerning School Violence | Preparation from the Offender's Perspective
- - Grounds for Mitigating Liability and Materials for Rebuttal
- - Observing the Notice of Dates and the Deadlines for Submitting Evidence
- 5. Civil litigation for school violence | Using it as a legitimate means of remedy
- - Review case studies on civil litigation for school violence
1. Civil Lawsuit Concerning School Violence | The Significance and Purpose of Conducting a Civil Lawsuit
A civil lawsuit concerning school violence is 🔗school violence offender, a civil procedure brought by the victim student to obtain compensation for physical and mental harm, where the victim does not wish to conclude the matter with mere criminal punishment and administrative measures.
In a civil lawsuit concerning school violence, the victim student becomes the plaintiff and files the suit with the court, while the offending student stands as the defendant and responds in order to dispute liability for compensation or to reduce the amount of compensation.
The purpose of a civil lawsuit is to obtain monetary compensation for the harm arising from the offending conduct (pecuniary harm such as medical expenses plus mental harm).
In addition, a certain duty of supervision, foreseeability, and duty of prevention may be recognized on the part of teachers or the school (the State, local governments, or the school foundation), so that joint liability for compensation may be pursued.
2. Civil Lawsuit Concerning School Violence | Requirements for Filing and the Parties Liable
The basis for the claim in a civil lawsuit concerning school violence is Article 750 of the “Civil Act” (tort liability).
The victim must prove that another’s rights were infringed through the offender’s intent or negligence, and that harm resulted therefrom.
The right to claim damages arising from a tort is extinguished upon the lapse of 3 years from the day on which the victim becomes aware of the harm and the offender, or 10 years from the day on which the tortious act occurred.
🔗School violence matters have a clear point in time owing to entries in school records and the like, so be careful not to miss the prescription period.
The Court of Jurisdiction and Standing of the Parties
The district court at the offender’s place of residence or the place where the harm occurred (the location of the school) becomes the court of jurisdiction.
The plaintiff is the victim student (where a minor, a parent or other legal representative serves as plaintiff), and the defendant may be the offending student (including the legal representative where a minor) together with teachers, the school foundation, and the State or local government against whom joint liability is recognized.
The Offender's Liability for Damages
As the offending student is the party who directly caused the harm arising from school violence, that student bears the liability to compensate for medical expenses, secondary treatment expenses (counseling and psychiatric care), and mental harm (consolation money).
Where there are several offending students, they bear joint and several liability as joint tortfeasors, and 🔗the school violence victim may claim the full amount against any one of the offending students.
The Liability of Teachers and the School for Damages
In school violence matters, teachers and the school have a duty of guidance and supervision, and they may be held liable for harm arising from their neglect of this duty.
• The teacher’s liability: where the matter bears a close and inseparable relationship to the school’s educational activities, and the teacher knew or could have known that violence would occur yet took no preventive measures, liability is recognized.
However, if the teacher took preventive measures appropriate to the situation, liability may be exempted.
• National and public schools: where the teacher has only ordinary negligence, the State or the local government bears that liability on the teacher’s behalf.
However, where the teacher has intent or gross negligence, the teacher personally bears liability as well.
• Private schools: the school foundation bears liability to compensate the victim student, and where the teacher has intent or negligence, the teacher also bears liability together with the school foundation.
The Course of the Civil Litigation Procedure
A civil lawsuit concerning school violence proceeds along the same course as an ordinary civil lawsuit.
It proceeds as follows: ① drafting and submission of the complaint → ② submission of the opposing party’s answer → ③ conduct of the hearing dates → ④ examination of evidence → ⑤ pronouncement of judgment.
As the court may, during the lawsuit, recommend conciliation or settlement, it is advisable to decide on a policy for responding to this in advance.
3. Civil Lawsuit Concerning School Violence | Preparation from the Victim's Perspective
The victim must not merely assert the fact of the offense. In a civil lawsuit, the key is the extent to which the plaintiff’s side can prove the causal relationship between the harm that occurred and the tortious act.
- Medical expenses: medical certificate, receipts for medical expenses
- Additional counseling and psychiatric treatment expenses: medical opinion, receipts from the psychological counseling center
- Consolation money: the School Violence Committee’s written decision showing the degree of harm, a copy of the school records entry, the statement of the circumstances of the incident, and the like
- The court’s determination takes into account, in the aggregate, the degree of the victim’s mental suffering, the severity and persistence of the violence, the offender’s attitude, and the like
Methods of Collecting Evidence of Harm
- Victim’s written statement and a log (organized by date)
- School Violence Committee’s written decision (including the content of the measures against the offender)
- CCTV, photographs, and captured social media messages
- Written statements from witnesses (homeroom teacher, friends)
🔗School violence evidence should be copied from the originals, and when submitted to the court, a list should be prepared and the items submitted in order.
Medical certificate and treatment records | Hospital treatment records, medical certificate, counseling center records |
School Violence Committee’s written decision | 🔗The School Violence Countermeasures Deliberation Committee (School Violence Committee) written decision specifically states the facts of the offending conduct, the content of the harm, the content of the measures, and the like, so secure a copy |
School records | School records, the homeroom teacher’s confirmation, and the like that can prove the changes in school life caused by the harm |
Visual materials such as CCTV | Securing CCTV of common spaces through an application for preservation of evidence and the like, and captures of threatening and defamatory messages sent by the offending student |
Witness statements | Securing written statements from witnesses such as classmates, friends, and teachers |
Keeping a log | Both the victim student and the guardian should consistently keep a log organizing the facts of the harm by date, in order to prove the seriousness and persistence of the school violence |
Asserting Liability Against Teachers and the School
In order to hold teachers and the school liable as well, two matters must be proven.
① Whether the matter bore a close relationship to the school’s educational activities
② Whether the teacher could have foreseen the occurrence of the violence, and whether the teacher fulfilled the duty of prevention
If there was persistent bullying over the course of several months and the teacher knew of it yet left it unattended, liability is highly likely to be recognized.
In this way, a case is regarded as involving ‘gross negligence’ where, even without exercising considerable care, one could readily have foreseen the unlawfulness and harmful result with only slight care, yet overlooked it.
Drafting the Complaint and Points to Note When Filing
- Purport of the claim: “The defendant shall pay the plaintiff the sum of KRW ○○ together with delay damages thereon.”
- Cause of the claim: the circumstances of the occurrence of the violence, the occurrence of harm, and the grounds for the defendant’s liability (the offender’s direct liability, and the teacher’s or school’s breach of the duty of supervision)
- List of evidence: attachment of the supporting documents
- Preparation for the hearing: organizing the issues and uncovering additional evidence
- Recommendation of conciliation or settlement: carefully assess whether the harm has been recovered, the content of any apology or settlement amount offered, and whether it is realistically acceptable
- Appeal and final appeal: where one wishes to challenge the court’s judgment, conduct challenge procedures such as a 🔗civil appeal and a final appeal
The complaint may be submitted to the civil affairs office of the district court of jurisdiction or via the electronic litigation website (ecfs.scourt.go.kr).
See More
4. Civil Lawsuit Concerning School Violence | Preparation from the Offender's Perspective
If you stand as the defendant, namely the offending student in school violence, you must prepare to submit an answer immediately upon receiving a duplicate of the civil complaint.
You must submit an answer within 30 days from the day on which the duplicate of the complaint is served.
Examine the cause of the claim and the purport of the claim stated in the complaint, and clearly set out the parts to be disputed where the facts of the matter differ, and the parts to be reduced where the amount of harm is excessive.
Grounds for Mitigating Liability and Materials for Rebuttal
The court may issue a decision recommending settlement, and as accepting it produces the same effect as a final judgment, the method and deadline for payment of the settlement amount, and the like, must be carefully verified.
Observing the Notice of Dates and the Deadlines for Submitting Evidence
Missing the deadline for submitting the answer or for submitting additional evidence set by the court works to one’s disadvantage.
Upon receiving the notice, mark the dates on a calendar immediately, and complete the collection of the necessary evidentiary materials and the like as quickly as possible.
Where there is a concern that CCTV footage and the like may be deleted or that a witness may evade, the preservation of evidence system may be used.
If an application for preservation of evidence is filed with the court, the court may order the opposing party to preserve the evidence.
5. Civil litigation for school violence | Using it as a legitimate means of remedy
Civil litigation for school violence is both a legitimate means of remedy for the victim and a procedure for exercising the right of defense to minimize disadvantage to the offender as well.
Because litigation may become a protracted process, please give priority above all to organizing the facts, securing evidence, and observing deadlines.
Even without necessarily retaining an attorney, anyone can prepare on their own provided they have sufficient materials and a plan.
Review case studies on civil litigation for school violence
With the assistance of a school violence attorney who has served as an expert member of an Office of Education school violence committee and as a student disciplinary mediation member, among other experience, please review together cases in which consolation money was obtained for a victimized student and cases in which damages were reduced when acting for the offending student's side.
🔗Reducing by more than half the tens of millions of won in damages claimed by the victim
