Daejeon school violence attorney wins the case | School violence attorney obtains the granting of a claim for a large amount of damages against the perpetrator of an indecent act by compulsion

The client's daughter (hereinafter the victim student) reportedly suffered ongoing gaslighting while in a relationship with the perpetrator.

In the course of this, the perpetrator began making sexual demands of the victim student. Although she sometimes refused out of fear of the perpetrator's conduct, the perpetrator persistently coerced her, saying that 'if they were dating, she had to engage in sexual acts with him,' and even threatened to tell her friends.

In this way, over a period of about one month, the perpetrator reportedly committed sexual violence a total of 9 times at the victim student's residence, a nearby playground, and other locations.

At the school violence deliberation committee convened over this case, the perpetrator was given Measure No. 8, transfer to another school; Measure No. 6, suspension from attendance; and Measure No. 2, prohibition of contact with and retaliation against the victim student and the reporting or accusing student.

Because the perpetrator was 14 years of age, he qualified as a juvenile not subject to criminal punishment, and accordingly a protective disposition was imposed in the criminal proceedings.

In addition to this, the client wished to file a civil lawsuit claiming damages for emotional distress for the mental and physical harm suffered by the victim student and for the mental harm suffered by the clients.

Under the Act on the Prevention of and Countermeasures against School Violence, school violence is defined as follows.

▣ School Violence Prevention Act Article 2

School violence refers to any act that, inside or outside school and directed at students, causes physical, mental, or property harm by means of bodily injury, assault, confinement, intimidation, abduction or inducement, defamation or insult, coercion, compulsory errands, sexual violence, ostracism, cyber ostracism, obscene or violent information transmitted through information and communications networks, and the like.

Where school violence has been committed, the victim student may, against the perpetrating student, bring everything from the 🔗School Violence Countermeasures Deliberation Committee proceedings to criminal proceedings and a 🔗civil claim for damages.

However, if the perpetrating student is under 14 years of age, the student qualifies as a juvenile not subject to criminal punishment, so only a protective disposition is imposed, and no criminal disposition can be imposed.

The school violence committee measure decisions imposed on the perpetrator were the Measure No. 8 disposition and the Measure No. 6 disposition.

When determining a school violence committee disposition, the seriousness, persistence, and intentionality of the school violence, as well as the degree of the perpetrating student's remorse and the degree of reconciliation, are reviewed, and being given the Measure No. 8 disposition (transfer to another school) means that a very high-level measure decision was imposed.

In addition, on account of the conduct in this case, the perpetrator received a protective disposition for 'statutory analogous rape of a minor.' Accordingly, it was emphasized that the nature of the perpetrator's conduct was itself very serious.

Throughout her time at school, the victim student was lively, positive, and proactive; she not only maintained smooth friendships but also actively participated in class. However, after suffering the act of school violence at the hands of the perpetrator, she abruptly became far less talkative.

According to the opinion of the psychiatry department, the finding was that the victim student exhibits symptoms such as 'intrusion, avoidance, anxiety, and negative self-cognition arising after trauma' and that professional treatment is required.