CONTENTS
- 1. Details of the Case the School Violence Law Firm Assisted With
- 2. Daeryun, the School Violence Law Firm's Areas of Assistance
- - Legal Rebuttal of the Very Question of Whether It Constitutes School Violence
- - Contextual Analysis of the Evidence and Identification of Distortion
- - Establishing the Absence of Intent and Repetition
- - Raising the Issue of Proportionality in the Disposition Against the Student
- 3. Outcome Reached With the Assistance of the School Violence Law Firm
- - The Concept of School Violence
- - Levels of School Violence Disciplinary Measures
- 4. How to Respond as an Accused Party in a School Violence Case, Explained by the School Violence Law Firm
- - The One-Stop Response of Daeryun Law Firm
1. Details of the Case the School Violence Law Firm Assisted With
The client who came to Daeryun, the school violence law firm, was a middle school student and an ordinary student who had been interacting with peers through online games and messengers.
The problem began with a misunderstanding related to a nickname change in a game.
The client changed the client's nickname in a particular game, and regarding this, the victimized student's side filed a school violence report, claiming that it was “an intentional act to mock or disparage a particular student.”
In addition, as parts of messenger conversations and game screen captures were submitted, an assertion to the effect that the client had inflicted continuous verbal violence and emotional bullying followed.
Accordingly, the school received the matter as a school violence case and convened the School Violence Countermeasures Deliberation Committee, and the client was formally identified as a school violence perpetrating student.
However, the client and the guardian appealed that it was unjust, on the ground that there was no intent at all to insult or disparage a particular student, that changing a nickname was an act commonly carried out in the course of using a game, and that there was no offline assault, intimidation, or ostracism, and they requested the assistance of Daeryun, the school violence law firm.
2. Daeryun, the School Violence Law Firm's Areas of Assistance
The school violence specialist attorneys of Daeryun, the school violence law firm, assisted the client as follows.
Legal Rebuttal of the Very Question of Whether It Constitutes School Violence
The school violence specialist attorney of Daeryun first raised the question of whether this matter satisfied the requirements of ‘school violence’ under the 「Act on the Prevention of and Countermeasures against School Violence」.
School violence requires comprehensive consideration of ① intentionality, ② repetitiveness, and ③ whether actual mental or physical harm occurred to the victimized student, and the attorney constructed the legal principles with a focus on the point that this matter was no more than a single, misunderstanding-based act.
Contextual Analysis of the Evidence and Identification of Distortion
The school violence law firm pointed out that the game screen captures and portions of the messenger conversation submitted by the opposing party had been separated and edited away from their full context, thereby creating a misleading impression.
In particular, the firm emphasized that the expressions at issue did not refer to any specific person, that they were merely general gaming terms or expressions used among acquaintances, and that they were difficult to interpret as intended to demean or threaten the affected student.
Establishing the Absence of Intent and Repetition
The school violence attorney emphasized that there had been no premeditated conduct and that the same conduct had not continued repeatedly.
In addition, the firm specifically established, through the student record, the teacher's opinion, and student statements, that the relationship with the affected student was also difficult to characterize as a long-term conflict.
Raising the Issue of Proportionality in the Disposition Against the Student
The school violence attorney emphasized that, even if some inappropriate expressions had been used, the level of any resulting disciplinary measure must necessarily follow the principle of proportionality.
The client actively argued that, considering the absence of any prior disciplinary record, a good attitude in school life, and a clear expression of reflection and apology after the incident, a serious measure such as a transfer or suspension of attendance carried the risk of excessively infringing upon the client's right to education.
3. Outcome Reached With the Assistance of the School Violence Law Firm
The School Violence Countermeasures Deliberation Committee, taking into account that the conduct was difficult to conclusively classify as school violence, that intent and repetition had not been clearly established, and that there had been excessive expansion in the interpretation of the evidence, concluded in the direction of not imposing any disciplinary measure.
The client was able to continue school life without any critical disadvantage to the academic record or student record.
The Concept of School Violence
School violence (hakgyo pongnyeok) refers to physical violence, verbal violence, cyber violence, ostracism, sexual violence, and similar acts directed at students inside or outside of school, which cause physical or psychological harm to the affected student.
However, not every conflict or unpleasant experience immediately constitutes school violence, and the nature, circumstances, intent, repetition, and degree of harm of the conduct must be assessed comprehensively.
When a school violence case arises, the proceedings of the School Violence Countermeasures Deliberation Committee proceed as follows.
- Receipt of a school violence report
- Internal school investigation and intake of the matter
- Convening of the School Violence Countermeasures Deliberation Committee
- Statements by the accused and affected students and review of evidence
- Decision on the measure against the accused student
- Where modification or revocation of the disposition is necessary, proceeding with an administrative appeal or administrative litigation
Levels of School Violence Disciplinary Measures
Depending on the outcome of the School Violence Countermeasures Deliberation Committee, the following levels of disciplinary measures may be imposed.
Measure Level | Main Content |
No. 1 | Written apology |
No. 2 | Prohibition of contact, threats, and retaliatory acts |
No. 3 | School service |
No. 4 | Community service |
No. 5 | Completion of special education |
No. 6 | Suspension of attendance |
No. 7 | Class reassignment |
No. 8 | Transfer to another school |
No. 9 | Expulsion (high school students) |
The level of a school violence disciplinary measure is determined by the seriousness, repetition, and intent of the matter.
If a student is found to be a perpetrator of school violence, the disciplinary record may act as a deducting factor at all universities and may have a significant impact on future paths such as college admission.
Because a single decision on a measure can affect the entire future of a student, the initial response is more important than anything else, and a response that accurately contests the facts and the applicable law through the assistance of a school violence law firm is necessary.
4. How to Respond as an Accused Party in a School Violence Case, Explained by the School Violence Law Firm
Stage | Response Point |
Initial report | Immediately organize the facts, and avoid emotional reactions |
Investigation stage | Maintain consistency in statements, and be careful with unfavorable expressions |
Before the deliberation committee | Analysis of the context of the evidence and legal review are essential |
Response before the deliberation committee | Arguments centered on intent, repetition, and proportionality |
After notification of the result | If contesting, review an administrative appeal or litigation |
The One-Stop Response of Daeryun Law Firm
In school violence cases, Daeryun Law Firm provides the following one-stop response service through the collaboration of a school violence attorney and an administrative law attorney.
- Initial assessment of whether the matter constitutes school violence
- Response to statements and written submissions before the deliberation committee
- Establishment of a strategy to reduce the level of the disciplinary measure
- Linked response through an administrative appeal or administrative litigation
- Support to ease the psychological burden on the student and the guardian
In school violence cases, the initial response determines the outcome.
From the moment a student is identified as an accused party, the judgment that “it is a minor matter, so it will be fine” can lead to irreversible disadvantages to the academic record and future path, so a response that protects both the facts and the applicable law through the assistance of a school violence law firm is necessary.
🔗If you submit a request for a legal consultation, Daeryun Law Firm will be with you from the very beginning to the end.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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