Busan School Violence Attorney | Client Counter-Sued After Reporting School Violence Prevails With the Assistance of a Law Firm

The client's child was an ordinary student attending elementary school.

One day, the child confided something shocking to the client.

The child had been hit without reason by A, a classmate at the same school.

In fact, the child's body was red and swollen with injuries.

Angered by this, the client requested a thorough investigation of the facts from the school.

A School Violence Countermeasures Deliberation Committee was even convened, but there was a problem.

There was insufficient evidence to support the child's statement.

Clear evidence that the two children were together at the time was needed, but the CCTV that would prove this was of very poor quality, making it difficult to identify the individuals.

For this reason, the committee issued a finding of “no suspicion of crime” with respect to A.

The attitude of A's parents, who had expressed an apology to the client immediately after the incident occurred, changed abruptly.

They filed a claim for damages, asserting that they had suffered harm as a result of the client's report of school violence.

The client felt deeply wronged, and she sought out a Busan school violence attorney in order to obtain the assistance of a specialized legal team.

Act on the Prevention of and Countermeasures against School Violence Article 2 (Definitions) The definitions of the terms used in this Act are as set forth in each of the following subparagraphs.
1. The term “school violence” means an act that causes physical, mental, or property damage to a student, whether inside or outside the school, through bodily injury, assault, confinement, threat, kidnapping or inducement, defamation or insult, extortion, coercion or forced errands, sexual violence, ostracism, cyberviolence, or the like.

Civil Act Article 750 (Contents of Tort) A person who causes damage to another through an unlawful act committed intentionally or negligently is liable to compensate for that damage.

The client's child was a young child who had only recently entered elementary school.

Although the child could not yet speak fluently, the child was able to express his intentions clearly.

This child of the client precisely identified A and disclosed the fact of the harm suffered.

There were also injuries that proved the harm.

In addition, the client's child had ordinarily maintained a not unfriendly relationship with A.

It was a situation in which the young child had neither a motive nor an occasion to identify a classmate at the same school as the offender with bad intent.

Although the School Violence Countermeasures Deliberation Committee issued a finding of no suspicion of crime with respect to A, the client and her child still maintain the position that they suffered harm at the hands of A.

The Busan school violence attorney referred to the credibility of the child's statement and emphasized that A's side's claim should be dismissed.

Upon hearing about the harm from her child, the client was thrown into great confusion.

In particular, after seeing the injuries on the child's body, she could not hide her anger.

Because the child had clearly identified A as the offender and there were also injuries, from the client's standpoint she could not but raise the issue.

In particular, A had previously been involved in many problems, such as hitting or harassing other classmates, so it was only natural for the client to request a thorough investigation of the facts from the school.

In addition, the client had neither used abusive language toward A or A's parents nor obstructed the school's investigation procedures.

The Busan school violence attorney emphasized these points and asserted that the client's actions were justified.

School violence is no longer dismissed as a mere “quarrel among children.”

As both the related penalties and social awareness have been strengthened, related disputes have continued to arise.

A clear victim of school violence may file a civil suit and obtain compensation for the harm suffered.

However, as in the case described above, there are also instances in which a person reports school violence through proper procedures but is instead subjected to a counter-suit.

Daeryun Law Firm, to which the Busan school violence attorney belongs, has a specialized legal team with extensive trial experience that assists clients according to each situation.

In particular, a range of members, from veteran attorneys with more than 20 years of experience in the legal profession to younger attorneys well versed in the latest precedents, work together to conduct the litigation.

If you are troubled by school violence litigation, we ask that you visit Daeryun Law Firm, to which the Busan school violence attorney belongs.