Daejeon School Violence Attorney | With the Assistance of a Daejeon School Violence Attorney, the Client Identified as the Aggressor Received a Decision of No Measures

The client who sought the assistance of a Daejeon school violence attorney was surprised to receive notice that the child, who had been attending school diligently, would be subject to investigation by the School Violence Committee.

While playing around with the affected student, with whom the child attended the same study café, the child pulled the back of the student’s clothing. When the affected student asked the child to stop, the child stopped and, having upset the friend, apologized right away.

Afterward, the two arranged to meet behind the study café so the child could apologize once more. After they met and reconciled, the mood improved and they engaged in an imitative sexual act.

Because the location was an outdoor area with many people passing by, they stopped the act and, before parting, agreed with each other not to tell anyone about what had happened that day.

However, the affected student later reported the matter as school violence, and to respond to it, the client sought the assistance of a Daeryun Law Firm Daejeon school violence attorney.

The Daejeon school violence attorney explains the statutes applicable to the client’s matter.

Act on the Prevention of and Countermeasures against Violence in Schools

Article 1 (Purpose)

The purpose of this Act is to protect the human rights of students and to foster them as sound members of society by prescribing the matters necessary for the prevention of and countermeasures against school violence, thereby protecting affected students, guiding and educating students who commit violence, and mediating disputes between affected students and students who commit violence.

Article 2 (Definitions)

The definitions of the terms used in this Act are as follows.

1. The term “school violence” means any act that causes physical, mental, or property damage to a student, occurring inside or outside school, through bodily injury, assault, confinement, intimidation, kidnapping or inducement, defamation or insult, extortion, coercion or forced errands, sexual violence, bullying, or cyber violence.

Seoul Administrative Court, 2014 Judgment

In light of the wording of the purpose and definition provisions of the School Violence Act,

school violence is not limited to the acts enumerated above, such as assault, defamation or insult, and bullying, but includes all acts that are similar to or of the same nature as such acts and that cause physical, mental, or property damage to a student.

The Daejeon school violence attorney argued that the child had apologized to the friend right away regarding the conduct of playing around too roughly and upsetting the friend.

The attorney argued that, although the child had not considered it serious, treating it as horseplay between friends, the child was sincerely remorseful if the affected student regarded it as school violence and was emotionally hurt by it.

Considering that the two were friends attending the same school and the same study café, the Daejeon school violence attorney argued the following.

The act of playing around amounts to a relatively low-severity type of school violence.

The attorney also argued that, because the affected student had likewise struck back at the child and other rough conduct had occurred on both sides, it was highly likely that the child too had regarded it as horseplay.

The Daejeon school violence attorney stated that the child had by no means forced an imitative sexual act on the affected student.

The attorney argued that, although the child had engaged in conduct inappropriate for a student, the act had been carried out by mutual agreement, that both were aware it was a public place and did not go further, and that it was by no means done by force.

The child’s school violence conduct was no more than a one-time act and could not be regarded as continuing, and the child apologized to the affected student right away after the incident occurred.

The attorney emphasized that there was no likelihood of the child committing further school violence and that the child had no intention whatsoever to particularly harass or harm the affected student.

The above arguments by the Daejeon school violence attorney were accepted by the deliberating members of the School Violence Committee, and a measure of ‘not school violence’ was issued.

Thanks to the assistance of the Daejeon school violence attorney, the child, who could have received an unjust disposition due to a school violence report involving a sexual offense, was successfully provided relief.

When school violence occurs, a fact-finding investigation is conducted to confirm the alleged acts of the aggressor and the harm to the affected party, and if the initial response is not handled properly, an unjust situation may arise for the child.

With the reliable assistance of a Daeryun Law Firm Daejeon school violence attorney, you may help ensure that a child does not receive an unjust disposition.