School Violence 04Civil Claim for Damages
Civil Claim for Damages
This is the procedure for claiming treatment costs and consolation money (compensation for emotional distress) from the offending student and their parents and receiving compensation in money. The goal is to recover the losses actually suffered.
Which step are you at?
Select your current step and the content for that step will appear below.
Process flowchart
Click a box to see its explanation below.
- Basic step
- Additional action / option
- Rejection / objection
- End of procedure
Calculating losses and organizing evidence
Calculate actual expenses such as treatment, counseling and transportation costs and consolation money, and collect the school violence committee's notice of the decision on measures, medical certificates, criminal case records (non-referral or disposition results) and chat screenshots.
Next: Sending a certified letterExplanation
Calculate the money actually spent, such as treatment, counseling and transportation costs, and consolation money (compensation for emotional harm). Also collect the school violence committee's notice of measures, medical certificates, the outcome of the criminal case and message screenshots. The notice and the criminal outcome support the fact of the wrongdoing, so keep the originals.
- Time required
- The length of the lawsuit varies by case (the law sets only deadlines for each step, such as 30 days for the answer and judgment within 2 weeks after the close of pleadings)
- Cost
- Stamp fee (calculated on the amount claimed) and service fee; lawyer fees are separate
Procedure guide
Read from start to finish in order. Red text marks deadlines set by law.
- 1
Calculate the money actually spent, such as treatment, counseling and transportation costs, and consolation money (compensation for emotional distress). Then collect the school violence committee's notice of the decision on measures, medical certificates, criminal case records (non-referral or disposition results) and chat screenshots. The notice of the decision on measures and the criminal disposition results support the fact of the wrongdoing, so keep the originals.
- 2
Send the offending student and guardians a certified letter stating the details of the loss, the amount claimed and the payment deadline, and try to reach a settlement. The right to claim damages must be exercised within 3 years from the day you learned of the damage and the offender, and within 10 years from the day of the unlawful act. However, if a minor suffered sexual abuse such as sexual violence, the limitation period does not run until they reach adulthood (Civil Act §766(3)). Once this period passes, the claim itself is barred, so keep checking the dates even while trying to settle.
- 3
If the amount claimed is KRW 30,000,000 or less, the case proceeds as a small claims case; if more, as an ordinary civil lawsuit. File the complaint naming both the offending student and the guardians (persons with a duty of supervision, i.e., those obliged to supervise the child) as defendants (Civil Act §750, §755 · Civil Execution Act §276). Because the offending student is a minor, the guardians act as legal representatives in the lawsuit.
- 4
In a small claims case, the court sends the other side a recommendation for performance (a recommendation to pay as claimed). If the other side does not object within 2 weeks from the day of service, it has the same effect as a final judgment (Small Claims Trial Act §5-3, §5-4). In an ordinary lawsuit, the other side must submit an answer within 30 days from the day it receives the complaint, and if it does not, the court can give judgment without pleadings (Civil Procedure Act §256, §257).
- 5
The parties present their arguments and evidence in court. The court may recommend mediation or issue a decision recommending reconciliation. If no objection is made within 2 weeks from the day you receive the decision, it becomes final as is (Civil Procedure Act §225, §226 · Civil Conciliation Act §30, §34).
- 6
Judgment is issued within 2 weeks (at the latest within 4 weeks) after the close of pleadings (Civil Procedure Act §207).
- 7
If you cannot accept the judgment, appeal within 2 weeks from the day you receive the written judgment. Submit the statement of grounds for appeal within 40 days from the day you receive notice that the records were received. A final appeal to the Supreme Court is within 2 weeks, and the statement of grounds for the final appeal is within 20 days (Civil Procedure Act §396, §402-2, §425, §427).
- 8
Obtain a certificate of execution (a document authorizing compulsory execution) on the final judgment, then seize the guardians' deposits, wages and real estate and convert them to cash to receive the compensation (Civil Execution Act §28, §39, §61, §74). If you do not know the other side's assets, apply for a property disclosure or property inquiry.
Current step
Deadlines to keep from now
- Objection 2 weeks / answer 30 daysStep 4 Recommendation for performance and answer
- Objection 2 weeksStep 5 Pleadings and mediation
- 2 weeks/40 daysStep 7 Appeal and final appeal
Preparation and checks
- Organize receipts for treatment, counseling and transportation costs and the medical certificates, and calculate the consolation money (compensation for emotional harm).
- Keep the originals of the school violence committee's notice of the decision on measures and the criminal disposition results. They support the fact of the wrongdoing.
- Check the date that falls 3 years after the day you learned of the damage and the offender. After that, the claim is barred.
- Notify the amount claimed and the payment deadline by certified letter. This leaves a record.
- If the amount is KRW 30,000,000 or less, file as a small claims case; if more, as an ordinary civil lawsuit.
- If you do not know the offending side's assets, apply for a property disclosure or property inquiry. This is needed for seizure.
When you need a lawyer
Some cases need a lawyer's help even before sending a certified letter. One is when it is hard to set the amount of consolation money (compensation for emotional harm).
Another is when the offending student has the capacity to be held liable, and the issue is on what basis to hold the parents liable.
Capacity to be held liable is judged not by age alone but by intelligence. The same applies when the offending side hides assets or refuses to pay.
Current position (8/8)
Step 8 · Compulsory execution
What to do now
Once the judgment is final, you seize the offending student's parents' deposits, salary, house and so on to get paid. If you do not know the other side's assets, apply to the court to make them disclose their assets (property disclosure) or to look up their assets (property inquiry).
- If you do not know the offending side's assets, apply for a property disclosure or property inquiry. This is needed for seizure.
What comes next
This is the last step.
Deadlines to keep from now
There are no statutory deadlines in later steps.
When to involve a lawyer
Some cases need a lawyer's help even before sending a certified letter. One is when it is hard to set the amount of consolation money (compensation for emotional harm).
Another is when the offending student has the capacity to be held liable, and the issue is on what basis to hold the parents liable.
Capacity to be held liable is judged not by age alone but by intelligence. The same applies when the offending side hides assets or refuses to pay.
Frequently asked questions
Practical questions that come up right away in this procedure.
- QWhich court do I file the complaint with? Can I file online?
- File with the court for the address of the offending student and guardians, or the court for the place where the incident happened. You can also file from home through the Supreme Court's electronic litigation website.If the amount claimed is KRW 30,000,000 or less, it is a small claims case. So you can get the complaint form at the court's civil affairs office and write it yourself.
- QHow much does it cost?
- The stamp fee is 0.5% of the claim if the claim is less than KRW 10,000,000. If it is KRW 10,000,000 or more and less than KRW 100,000,000, it is 0.45% of the claim plus KRW 5,000 (for a claim of KRW 10,000,000, KRW 50,000). The service fee is separate.If you file electronically, the stamp fee is reduced by 10%. If you win, you can claim the litigation costs from the other side.
- QOur child, a minor, is the plaintiff. Who conducts the lawsuit?
- The guardian files the complaint and conducts the procedure as the legal representative. In the complaint, write the child's name in the plaintiff field and the guardian's name in the legal representative field.Prove legal representation in writing. Check with the court where you file which documents to attach.
- QIf the offending student's parents say they have no money, can I still get paid?
- Once the judgment is final, you can carry out compulsory execution against the guardians' wages, deposits and real estate. If you do not know their assets, apply to the court for a property disclosure or property inquiry. Another option is to claim treatment costs from the School Safety Mutual Aid Association first and have the association seek reimbursement (claim the costs it paid on your behalf) from the offending side.
- QI received a settlement in the criminal case. Can I still file a civil lawsuit?
- It depends on the settlement agreement. If the agreement says "all civil and criminal claims are waived," it is difficult.If you received only treatment costs without such wording, you can claim the remaining losses. So be sure to check the wording before signing a settlement agreement.
- QCan I claim damages even if the case ended with the principal's own resolution, without school violence committee measures?
- Yes, you can. A claim for damages from an unlawful act is judged separately from whether there were school violence committee measures.In a case settled by the principal's own resolution, there is no notice of a decision on measures. So collect medical certificates, chat screenshots and the school's investigation results as materials.
When you need a lawyer
- The right to claim damages must be exercised within 3 years from the day you learned of the damage and the offender, and within 10 years from the day of the unlawful act. However, if a minor suffered sexual abuse, the limitation period does not run until they reach adulthood (Civil Act §766(3)).
- If the offending student has the capacity to be held liable, the guardians cannot be held liable under Civil Act §755 (liability of supervisors). Instead, you must prove the link between the guardians' breach of their duty of supervision and the damage, and hold them liable under §750 (Supreme Court Decision 2020Da240021 rendered 2022. 4. 14.). Capacity to be held liable is not decided by age alone; it is judged case by case by whether the child had the intelligence to recognize responsibility for the act (Civil Act §753).
- The school violence committee's notice of the decision on measures and the criminal disposition results support the fact of the wrongdoing, so keep the originals.
Related laws
- Civil Act Article 750, Article 755
- Civil Procedure Act Article 256, Article 207, Article 396
- Small Claims Trial Act Article 5-3, Article 5-4
- Civil Execution Act
