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Damages (general/other)

Cost of Retaining a School Violence Attorney | School Violence Attorney Who Secured a Damages Award for School Violence Harm

The client, who had been looking into the cost of retaining a school violence attorney, came to consider a claim for damages for the school violence harm suffered by their child, and accordingly requested a consultation with Daeryun's school violence attorney.

CONTENTS
  • 1. The Client Who Requested a Consultation Regarding the Cost of Retaining a School Violence Attorney
  • 2. After Guidance on the Cost of Retaining a School Violence Attorney, Preparation of the Assistance
    • - The School Violence Attorney Organizes the Circumstances of the Repeated Harm
    • - The School Violence Attorney Responds to the Period of the Minor Below the Age of Criminal Responsibility
    • - The School Violence Attorney Structures the Materials Establishing the Damages
  • 3. The Client Who Inquired About the Cost of Retaining a School Violence Attorney Obtains a Damages Award
  • 4. Useful Information to Know Before Considering the Cost of Retaining a School Violence Attorney and a Claim for Damages for School Violence
    • - Scope of Recognition in a Claim for Damages
    • - How to Secure Materials Establishing the Harm
    • - Procedure for Preparing a School Violence Civil Action
    • - The Need for the Assistance of a School Violence Attorney

1. The Client Who Requested a Consultation Regarding the Cost of Retaining a School Violence Attorney

Cost of retaining a school violence attorney school violence committee procedure claim for damages school violence complaint school record entry


The client, who requested a consultation regarding the cost of retaining a school violence attorney, had belatedly learned that their child had been suffering continuous insults and bullying from students at the same school.

The victimized student was suffering great mental distress as a result of prolonged and repeated verbal violence and sexual remarks, and was experiencing difficulty even in ordinary school life.

In particular, although the harm had continued over a long period, the perpetrating students' side had offered no apology or measures to remedy the harm, and with respect to some of the conduct had taken the position, in effect, of minimizing responsibility by characterizing it as a minor dispute between students.

In addition, because the period included a time when the victimized student was studying abroad, practical difficulties also existed with respect to the school violence reporting procedure and the organization of materials.

At the time of some of the harm, the perpetrating student fell within the category of a minor below the age of criminal responsibility, making it difficult to hold them accountable through ordinary criminal procedures alone.

Nonetheless, the client wished to systematically organize the facts of their child's harm, hold the perpetrating students accountable, and proceed with a claim for damages, and accordingly came to the law firm Daeryun for a consultation regarding the cost of retaining a school violence attorney, requesting the assistance of a school violence attorney with the case.

2. After Guidance on the Cost of Retaining a School Violence Attorney, Preparation of the Assistance

Following the consultation regarding the cost of retaining a school violence attorney, Daeryun's school violence attorney organized the content of the harm that had continued over a long period and the patterns of the perpetrating students' conduct, while preparing the criminal procedure and the claim for damages together.

Because the period included a time when the victimized student was studying abroad, and because the issue of the perpetrating student's age at the time of some of the harm was also present, it was necessary to carefully structure the manner of organizing the materials and the direction of the arguments.

Accordingly, the school violence attorney established a response strategy, concentrating on securing materials for each point in time of the harm, organizing the perpetrating conduct, and reinforcing the materials establishing the mental harm.

The School Violence Attorney Organizes the Circumstances of the Repeated Harm

The school violence attorney organized, by period, the content of the sexual remarks and insulting statements that the victimized student had endured.

The attorney compared the content of the KakaoTalk conversations, the social media messages, and the victimized student's statements together, organizing in concrete detail which expressions had in fact been repeated.

Because some expressions that might appear to be mere quarrels revealed, when viewed within the overall flow of the conversation, a pattern of continuous bullying, the attorney did not isolate individual statements but instead documented them together with the points of repetition and the context of the conversation.

Materials Secured to Establish the Repetitiveness of the Harm

· Organization of the perpetrating conduct by point in time of the harm

· Distinction between sexual remarks and insulting expressions

· Securing the content of messenger and social media conversations

· Documentation of the circumstances of the repeated bullying

The School Violence Attorney Responds to the Period of the Minor Below the Age of Criminal Responsibility

This case also had to address the fact that, at the time of some of the harm, the perpetrating student fell within the category of a minor below the age of criminal responsibility.

Under Article 9 of the Criminal Act, a person under the age of fourteen is not subject to criminal punishment, and therefore it was difficult for criminal responsibility to be recognized immediately on the sole ground that harm had occurred.

The client felt great frustration in that punishment itself might become difficult even though the harm had continued over a long period.

The school violence attorney emphasized the continuity of the perpetrating conduct by connecting and organizing the additional harm during the period in which criminal responsibility was possible with the conduct that followed thereafter.

In that process, the attorney also organized and submitted materials on how the victimized student's actual school life had been affected and what changes had arisen in their studies and daily life.

The School Violence Attorney Structures the Materials Establishing the Damages

In a civil action, liability for damages is not recognized at once on the mere assertion that harm was suffered.

This is because the materials must include how long the harm continued, the extent of the mental shock, and what response the school took, in order for the case to carry persuasive force during the trial.

Accordingly, the school violence attorney organized the counseling records, the materials on the background of the harm, and the content of the school's measures in chronological order, structuring them so that the background of how the loss arose could be grasped at a glance.

The attorney also coordinated the timing of the submission of materials and the direction of the arguments in accordance with the progress of the criminal procedure, providing assistance so that the position of the victimized student's side could be sufficiently reflected during the trial.

3. The Client Who Inquired About the Cost of Retaining a School Violence Attorney Obtains a Damages Award

Following the consultation regarding the cost of retaining a school violence attorney, as a result of proceeding with the criminal complaint and the civil claim for damages together, a disposition was imposed on the perpetrating student, and the claim for damages was likewise granted.

During the trial, the prolonged sexual remarks and insulting statements and the circumstances of the repeated bullying were addressed as principal issues.

On the basis of the conversation records, the materials on the background of the harm, and the counseling records submitted by the victimized student's side, the court recognized the fact that mental harm had occurred.

The court also took into account that some of the perpetrating conduct had not amounted merely to a one-off confrontation but had been repeated over a certain period and had actually affected the victimized student's school life and daily life.

Accordingly, the court held that the perpetrating student's side bore liability to compensate for the victimized student's loss, and the client too was able to have the perpetrating student's side held accountable for the harm that had continued over a long period.

4. Useful Information to Know Before Considering the Cost of Retaining a School Violence Attorney and a Claim for Damages for School Violence

Cost of retaining a school violence attorney school violence civil action school violence committee disposition criminal complaint procedure school violence evidence


If you are weighing the cost of retaining a school violence attorney, it is advisable to organize in advance whether to proceed with a criminal complaint, the materials needed for a claim for damages, and the possibility of asserting the liability of the school and teachers.

This is because, in school violence cases, the direction of the trial often turns less on the fact of the harm itself than on "how often it was repeated," "how the student's life changed after the harm," and "what response the school took."

During the early response process, the manner in which materials are preserved may make a difference in the subsequent scope of what can be established.

Scope of Recognition in a Claim for Damages

Where a civil action is pursued for school violence harm, it is often conducted in the form of a claim that includes medical costs, counseling costs, and consolation money.

Article 750 of the Civil Act provides that a person who, intentionally or negligently, causes loss to another bears liability for damages, and school violence cases are likewise addressed on the basis of this tort liability doctrine.

The victimized student's side must organize and submit, as materials, what harm actually occurred.

Where hospital treatment was received, a medical certificate and receipts for treatment costs are submitted together, and records of psychiatric treatment or use of a counseling center are also frequently used as materials establishing mental harm.

In the process of calculating consolation money, the intensity and duration of the violence, the perpetrating student's attitude, and the changes in school life following the harm are reflected together.

Category

Materials Submitted

Medical costs

Hospital medical certificate, receipts for treatment costs

Counseling and psychiatric treatment costs

Hospital opinion, counseling center records, counseling receipts

Consolation money

School violence committee decision, statement of the case background, school record materials

Materials on mental harm

Content of counseling, materials on absences and transfers, homeroom teacher's opinion

How to Secure Materials Establishing the Harm

In school violence cases, as time passes, securing materials may become difficult because messages are deleted or the retention period for CCTV footage expires.

For this reason, it is important to organize the content of the harm and the conversation records from the early stage.

Guardians looking into the cost of retaining a school violence attorney likewise frequently inquire as to what materials should be preserved in order to be used in a claim for damages or in criminal procedures.

Where there was content repeatedly mocking a particular student in a group chat room or a defamatory post on social media, it is advisable not to stop at saving only a screenshot but to organize it together with the time of writing and the other party to the conversation.

Materials to Secure in Order to Establish the Harm

· Preparation of a statement of the harm and a daily harm log by date

· Securing the school violence committee decision and a copy of the disposition results

· Saving the content of social media and messenger conversations and photo screenshots

· Securing CCTV footage and reviewing an application for the preservation of evidence

· Securing witness statements from the homeroom teacher, classmates, and others


The victimized student's guardian can also, by keeping a log of the dates on which harm occurred and the content of the school's response, use it as material to explain whether the harm was repeated during the subsequent trial.

Procedure for Preparing a School Violence Civil Action

A claim for damages for school violence often involves the submission of the school violence committee decision and the progress of the criminal procedure together, and therefore the early organization of materials and the setting of the direction of submission are important.

During the trial, the duration of the harm, the degree of the mental harm, the content of the school's response, and whether a settlement was reached may be addressed together, and therefore step-by-step preparation is necessary.

Step 1: Organizing the Facts of the Harm and the Perpetrating Conduct

It is necessary to organize, by date, when and what violence or bullying occurred. Recording the content of the conversations at the time and the circumstances of the school's response together will be helpful during the subsequent process of submitting materials.

Step 2: Securing Materials Establishing the Harm

KakaoTalk conversation records, social media messages, photographs, CCTV footage, medical certificates, and counseling records are used as important materials in the process of a claim for damages.


Step 3: Organizing the Content of the Response by the School and the Perpetrating Student's Side

What protective measures the school took, and whether the perpetrating student's side expressed an intention to apologize or settle, must also be organized together. The content of counseling and the progress of the school violence committee are also sometimes used as materials during the trial.


Step 4: Confirming the Progress of the School Violence Committee and Criminal Procedures

The school violence committee's disposition results and the progress of the criminal case may also affect the process of the civil damages determination. A process of comparing the disposition results and the materials together and aligning the response strategy is necessary.


Step 5: Preparing for the Civil Action and the Procedures Following Judgment

Where the matter is not concluded by settlement, a claim for damages is pursued through litigation. Whether to respond with compulsory execution or an appeal following the judgment is also prepared together.

The Need for the Assistance of a School Violence Attorney

Even where a school violence case begins as a conflict between students, the harm sometimes grows as it repeats in forms such as sexual remarks, social media defamation, and group chat room bullying.

Where the harm has continued over a long period or has been repeated in the form of sexual remarks, social media defamation, or group bullying, the criminal procedure and the claim for damages are sometimes pursued together.

From the standpoint of a guardian weighing the cost of retaining a school violence attorney, it is not uncommon to experience confusion as to what materials to secure and which procedures to pursue first during the early response process.

The school violence attorneys at Daeryun, the ninth largest law firm in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service), proceed with cases by organizing the strategy for responding to the criminal procedure and the civil action together, in order to protect the victimized student and remedy the harm.

In addition, through coordination with a partner security firm, where realistic risk situations arise, such as concerns over retaliation, continued attempts at contact, or anxiety during the commute to and from school, the firm responds by coordinating, depending on the situation, the deployment of security personnel and an accompanying protection system.

Where necessary, the firm also provides support, in cooperation with the Evidence Investigation Center and the Digital Forensics Center, for the recovery of deleted messages and the analysis of digital records; accordingly, if you are in a situation requiring a response to school violence harm, we encourage you to consult on the direction of your response through a 🔗legal consultation reservation.

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학교폭력변호사선임비용 | 학폭 피해 손해배상 인용 이끈 학교폭력변호사

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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