Deliberation by the School Violence Countermeasures Deliberation Committee at the Local Office of Education

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Request for deliberation by the committee
2. 2Convening the meeting and notice to appear
3. 3Submitting a written opinion and evidence
4. 4Attending and stating views
5. 5Questions from members
6. 6Scoring the 5 factors
7. 7Resolution on measures

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

The deadline for holding the meeting follows the Ministry of Education's case-handling standards; check the schedule in the notice to appear

Cost

No cost (if a lawyer accompanies you, that fee is separate)

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   The principal attaches the investigation results and requests deliberation by the School Violence Countermeasures Deliberation Committee (학폭위) at the local office of education (School Violence Prevention Act §13). The victim student or guardians can also directly ask for a deliberation to be held.

2. 2

   The superintendent (local office of education) sends a notice stating the date, time, place and agenda of the meeting to the victim and offending students and their guardians, telling them to attend (School Violence Prevention Act §13(4)). The schedule in the notice is hard to change. So start preparing as soon as you receive it. The deadline for holding the deliberation committee is set not by law but by the Ministry of Education's case-handling standards, so prepare based on the schedule in the notice.

3. 3

   Before the meeting, submit in writing your views on the facts, the measures you want, and evidence (chats, medical certificates, witness statements, etc.). Anything you cannot fully say at the meeting can also be left in writing, so organize it and submit it before the meeting.

4. 4

   The victim's side and the offending student's side each state their views. The law guarantees the chance to state your views (School Violence Prevention Act §16(2), §17(8)). If you want a lawyer or expert to sit in, ask the deliberation committee in advance; whether they may sit in and how follows the committee's guidance. If the victim's side asks, the deliberation committee must hear the opinion of the expert who counseled or treated the child (§13(5)). The meeting is closed to the public (§21(3)). So organize what you want to say in writing in advance and say only the key points.

5. 5

   Members made up of teachers, parents, lawyers, police officers, doctors and others ask the students and guardians about the facts, the extent of the harm, remorse and efforts to reconcile, and so on. Clearly disputing what is untrue and honestly admitting what you accept makes what you say more credible (believable).

   Current step
6. 6

   The committee scores 5 factors, severity, continuity, intent, the offending student's degree of remorse and the degree of reconciliation, from 0 to 4 points each. It then sets the range of measures according to the total score (1-3 points: No. 1; 4-6 points: No. 3; 7-9 points: No. 4; 10-12 points: No. 6; 13-15 points: No. 7; 16-20 points: No. 8 or No. 9; No. 2 and No. 5 when the committee resolves they are needed). It can also make the measures heavier or lighter, considering the potential for guidance (whether the student can be set on the right path) and the need to protect the victim (Ministry of Education Notice "Detailed Standards for Applying Each Measure against Students Who Committed School Violence," annexed table).

7. 7

   The committee resolves on protective measures for the victim and measures against the offending student (Nos. 1-9) and requests the superintendent to take them. The superintendent must inform the students and guardians of both sides of the results of the meeting, including the requested measures (School Violence Prevention Act §13(4) item 2). The measures are delivered in the superintendent's notice of the decision on measures, and the period for challenging (disputing) the decision starts from the day you receive that notice.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhat if I cannot attend on the date written in the notice to appear?

As soon as you receive the notice, ask the official in charge at the local office of education for a postponement and check whether it is possible. In case you cannot attend, be sure to submit your written opinion and evidence within the deadline.

QWhere, by when and in what format do I submit my written opinion?

The method and deadline for submission follow the notice to appear and the guidance of the official in charge at the local office of education. Write the facts, the measures you want and your reasons, and attach the evidence with numbers.

QDoes the student have to attend? Can only the guardian go?

Both the student and the guardians have a chance to state their views. Discuss with the official in charge in advance whether the student will also attend. If your child is in a difficult psychological state, also discuss whether only the guardian can attend and the student's statement can be submitted in writing.

QWon't the members think badly of us if we bring a lawyer?

The law guarantees the chance to state your views. If you want a lawyer or expert to sit in with you, ask the deliberation committee in advance.Whether they may sit in and how follows the deliberation committee's guidance. Even if a lawyer goes with you, the student and guardians should still prepare to answer for themselves.

QCan I see the minutes or the materials the other side submitted?

You can see the minutes. The student and guardians who are parties can apply to the local office of education to inspect and copy them.Personal information such as the names, resident registration numbers and addresses of the students and families, and the members' names, is removed before disclosure. The laws do not separately provide a procedure for receiving the other side's written opinion.So you learn the outline of the case through the notice to appear and the questions asked at the meeting.

QWill we be told the result on the day of the deliberation?

The superintendent of the local office of education takes the measures within 14 days from the day the deliberation committee's request is received. The superintendent must also inform the students and guardians of both sides of the results of the meeting, including the requested measures.The period for challenging the decision starts from the day you receive the notice. So be sure to record the date you received it.