School Violence Measure No. 8 | Student Found to Have Committed School Violence and Subjected to a Transfer Disciplinary Measure Under Measure No. 8, Resolved Through Revocation of the Measure

The client was a high school student who maintained a close relationship with the other student while attending school.

The client and the other student ordinarily exchanged sexual jokes and maintained an amicable friendship.

On the day of the incident, the client, as usual, made a joke and spoke to the other student.

The other student, however, suddenly began to grow angry at the client's remarks, and the flustered client likewise raised his voice.

In this process, the client made abusive and sexual remarks toward the other student, and the other student filed a report, asserting that the client's remarks constituted school violence.

The School Violence Countermeasures Committee was convened, and the client was found to be a student who had committed school violence and received a School Violence Measure No. 8 transfer disposition.

Considering the School Violence Measure No. 8 disposition excessive, the client requested a consultation with a school violence attorney regarding revocation of the school violence measure.

1) Reconciliation with the affected student and the affected student's expression of an intention toward leniency

The school violence attorney emphasized that the client sincerely repented and reflected on his wrongdoing and had sincerely apologized to the affected student.

The attorney further proved, by submitting a written settlement, that the affected student accepted the apology and that an amicable settlement was reached, and on that basis argued that, in terms of the ‘degree of reconciliation’ under Article 19, Item 4 of the Enforcement Decree of the School Violence Prevention Act, complete reconciliation had been achieved.

2) Emphasizing the client's genuine remorse and the possibility of rehabilitation

By submitting the client's written apology, the attorney proved, through a certificate of completion and a counseling confirmation, that the client had deeply reflected on his conduct and sought forgiveness, and that the client had completed special education on the prevention of school violence and education on gender sensitivity, thereby resolving to prevent recurrence.

On that basis, the attorney emphasized that, in light of the client's attitude, the degree of the student's remorse under Article 19, Items 2 and 3 of the Enforcement Decree of the School Violence Prevention Act was very deep and that the possibility of rehabilitation was also high.

3) Argument of a violation of the principle of proportionality

The school violence attorney argued a violation of the principle of proportionality by citing Article 17, Paragraph 1 of the School Violence Prevention Act, which provides that ‘the various measures under the School Violence Prevention Act are intended to protect the affected student and to guide and educate the student who committed school violence.’

On that basis, the attorney argued that the affected student did not wish for punishment, that the client was suffering severe mental distress, and that the client had already sustained significant harm to his studies as a result of the transfer disposition, thereby emphasizing that the disadvantage suffered by the client was markedly greater than the public interest achieved by the disposition in the case.

The court comprehensively considered the circumstances of the case, whether reconciliation with the affected student had been achieved, and the client's genuine remorse and efforts to prevent recurrence, and determined that the transfer disposition violated the principle of proportionality.

Accordingly, finding that the School Violence Measure No. 8 transfer disposition should be revoked, the court rendered a judgment revoking the disposition.

As a result, the client had the transfer measure withdrawn and was able to return to the school he had originally attended and resume his daily life and studies.

School Violence Measure No. 8 corresponds to a transfer disposition and is retained for four years after graduation.

Because the record is not subject to deletion from the school life record while the university admissions process is underway, disadvantages may follow, and caution is required.

A School Violence Measure No. 8 disposition is not infrequently imposed without the facts being sufficiently reflected or without the degree of remorse and the possibility of rehabilitation being properly considered.

A school violence attorney can closely review the case records and the disposition criteria and provide assistance by organizing the overall procedure so that all circumstances favorable to the student are reflected without omission.

If you need a direction for responding to a School Violence Measure No. 8 disposition, 🔗a legal consultation reservation may help you review a response strategy suited to your current situation.