Decision on Measures by the School Violence Deliberation Committee

Which step are you at?

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

1. 1Resolution by the deliberation committee
2. 2Superintendent's decision on measures
3. 3Notice of the decision on measures
4. 4Principal carries out measures
5. 5Entry in the school record
6. 6Retention and deletion of records
7. 7Challenging the decision

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

Time required

The superintendent takes measures within 14 days from the day the deliberation committee's request is received; the period for carrying out measures varies by measure number

Cost

No cost (the victim's counseling and treatment costs are borne by the offending student's guardians)

Procedure guide

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

1. 1

   The deliberation committee resolves on the measures to impose on the offending student (School Violence Prevention Act §16, §17). It is one or more of: No. 1 written apology, No. 2 ban on contact, threats and retaliation, No. 3 school service, No. 4 community service, No. 5 completion of special education or psychological treatment, No. 6 suspension from attendance, No. 7 class transfer, No. 8 school transfer, and No. 9 expulsion. Protective measures for the victim (psychological counseling, temporary protection, treatment and recuperation, class transfer, etc.) are resolved at the same time.

2. 2

   The superintendent decides on the measures at the deliberation committee's request. This must be done within 14 days from the day the request is received (School Violence Prevention Act §17(9)).

3. 3

   A notice stating the measures, the reasons and how to challenge them arrives for the offending student and guardians, the victim and guardians, and the principal. The day you receive the notice is the day the period for challenging the decision starts. So keep the envelope together with the date you received it.

   Current step
4. 4

   The principal carries out the measures (School Violence Prevention Act §17). Special education and psychological treatment are received at institutions designated by the office of education. For a transfer, the office of education assigns the school, and the period of suspension from attendance is treated as absence. Measures carried out right away, such as a transfer or suspension from attendance, continue to be enforced even while you challenge them unless you apply for a stay of execution (stopping enforcement until the outcome) along with the challenge.

5. 5

   The date of the measure decision and the measures are written in the school record (Guidelines for Preparing and Managing School Records §16-2). Check with the school when and under what conditions measures No. 1 to No. 3 are recorded.

6. 6

   Light measures (Nos. 1, 2 and 3) are deleted upon graduation. Nos. 4 and 5 are deleted 2 years after the date of graduation, and Nos. 6, 7 and 8 4 years after the date of graduation (Enforcement Rules of the Elementary and Secondary Education Act §22(3)). No. 9 is not subject to deletion. In some cases, Nos. 4 to 7 can be deleted upon graduation after deliberation by the dedicated team just before graduation.

7. 7

   If you find the measures hard to accept, you can challenge them within 90 days from the day you receive the notice. You can file an administrative appeal with the office of education's administrative appeals commission or bring an administrative lawsuit in the administrative court (Administrative Appeals Act §27 · Administrative Litigation Act §20). The victim's side can also challenge the measures if it finds them too light.

Frequently asked questions

Practical questions that come up right away in this procedure.

QHow do I receive the notice of the decision on measures?

The superintendent must inform the offending and victim students and their guardians of the results of the meeting, including the requested measures. When you receive the notice, record the date you received it and keep it with the envelope.Also check the measure number written in the notice and the guidance on how to challenge it. This is because the period for challenging the decision starts from the day you receive it.

QWe were told to receive special education. Do guardians have to take it too?

Yes, you must. If the offending student is ordered to receive special education, the guardians must also complete special education.If you do not take it without a justifiable reason, a fine for negligence of up to KRW 3,000,000 is imposed. The school will tell you the institution and deadline for completing it.

QIf it is written in the school record, does it affect university admission?

Check the admission guidelines of the university you apply to for how school violence measures are reflected in admissions. Check with the school when and under what conditions measures No. 1 to No. 3 are recorded.

QCan the record be deleted early, before graduation?

It is possible in some cases. Measures No. 4, 5, 6 and 7 may be deleted upon graduation after deliberation by the school's dedicated team (the investigation team inside the school) just before graduation. No. 8 (transfer) does not qualify.The deliberation looks at the degree of remorse and positive changes in behavior. If the student received measures for 2 or more different cases while at school, they are not eligible for deliberation.The same applies if 6 months have not passed from the date of the measure decision to the end of February of the graduation school year. No. 9 (expulsion) is not subject to deletion.

QI am the victim's guardian, and the measure against the offending student is too light. Can I challenge it?

Yes, you can. The victim's side can also file an administrative appeal with the office of education's administrative appeals commission within 90 days from the day it receives the notice. Whether to go as far as an administrative lawsuit (a lawsuit challenging the decision in court) depends on the case, so it is best to consult a lawyer.

QIf the measure is a transfer, which school will my child go to?

The superintendent of education or the head of the local office of education assigns the school to transfer to. In doing so, they must consider factors such as a distance sufficient to protect the victim. If commuting would be a heavy burden, note it as a ground of harm when you apply for a stay of execution (temporarily stopping the effect of the decision).