Daegu School Violence Attorney | A Daegu School Violence Attorney Who Successfully Obtained Damages for Emotional Distress for Physical and Psychological Harm From the Perpetrator of School Violence

The client's child was assaulted by the perpetrators and received a diagnosis requiring three weeks of treatment for injuries including a fracture.

The client filed a criminal complaint against the perpetrators on a charge of bodily injury, the charge was found to be established, and the perpetrators received a decision of referral to the juvenile court.

Thereafter, the client's child underwent surgery for the injuries and received inpatient treatment on the basis that a reassessment for possible complications and undetected injuries would be needed.

Furthermore, following a psychological evaluation, the child was diagnosed as requiring at least six months of consistent treatment because of trauma in daily life caused by the perpetrators' assault, and is said to be continuing to receive psychological therapy.

The client requested Daeryun's assistance in order to pursue a civil lawsuit claiming damages for emotional distress for the psychological harm as well as the physical harm against the perpetrating students.

🔗School violence is defined in the relevant statute.

▣ Act on the Prevention of and Countermeasures Against School Violence Article 2 (Definitions)

“School violence” means conduct that causes physical, psychological, or property harm to a student through acts such as bodily injury, assault, confinement, intimidation, kidnapping or abduction, defamation or insult, extortion, coercion or forced errands, sexual violence, bullying, and cyber violence, occurring inside or outside the school against a student.

When physical or psychological harm has been suffered as a result of school violence, a claim for damages such as medical expenses may be made through a school violence civil lawsuit, as in the case of the client above.

▣ Civil Act Article 750 (Content of a Tort)

A person who causes harm to another through an unlawful act committed intentionally or negligently is liable to compensate for that harm.

🔗the perpetrating student is a minor and therefore lacks legal capacity, the minor's parents (or statutory supervisor) bear the liability.

▣ Civil Act

Article 753 (Capacity of a Minor for Liability)

Where a minor who has caused harm to another did not have the intelligence to appreciate his or her responsibility for the act, the minor is not liable for compensation.

Article 755 (Liability of a Supervisor)

① Where a person who has caused harm to another is not liable under Article 753 or Article 754, a person who has a statutory obligation to supervise that person is liable to compensate for the harm. However, this does not apply where the supervisor has not neglected the duty of supervision.

② A person who supervises, in place of the supervisor, a person who is not liable under Article 753 or Article 754 is also liable under paragraph (1).

The Daegu school violence attorney reviewed the records of the surgery and inpatient treatment expenses for the physical injuries in order to calculate the client's damages for emotional distress.

The client's child was struck in the face several times by a perpetrator and had to undergo surgery for a fracture, and because aftereffects were also anticipated, the attorney claimed damages for emotional distress for this.

Since the incident, the client's child has, up to the present, been unable to adjust to school life because of avoidance of others and a psychological anxiety disorder, and is experiencing considerable difficulty in continuing his studies normally.

The Daegu school violence attorney claimed the costs of continued psychiatric treatment and damages for emotional distress for the psychological harm.

If you have suffered school violence and wish to respond to it legally, rather than acting on emotion, it is necessary to prepare for the lawsuit through objective evidentiary materials such as a hospital medical certificate, witness statements, and records of conversations.

Daeryun can assist throughout the entire process, from filing a criminal complaint to making a civil claim for damages, so that the perpetrating student in a school violence matter receives appropriate punishment.

If you wish to help heal the wounds of a child who has become a victim of school violence, please request a 🔗legal consultation with Daeryun.