Submitting a Written Opinion to the School Violence Committee and Attending with a Lawyer

Which step are you at?

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

1. 1Checking the case notice
2. 2Organizing the facts
3. 3Collecting evidence
4. 4Writing a statement of facts
5. 5Writing and submitting the written opinion
6. 6Attending and making statements on the day
7. 7Notice of the result

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

Time required

The investigation and deliberation schedule varies by case (the superintendent takes measures within 14 days after the deliberation committee's request)

Cost

There are fees for legal advice and for a lawyer to accompany you

Procedure guide

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

1. 1

   When you receive a notice from the school that a report has been received and an investigation is starting, check the outline of the case in the notice (when, where and what the problem is) and the schedule. The notice reflects the other side's claims. Before accepting it as is or rebutting it emotionally, it is better to first organize the facts. This is because your first response sets the direction of the later statement and written opinion.

   Current step
2. 2

   The student and guardians organize what happened before and after the incident in time order. Then they separate the parts of the other side's claims that they admit from the parts that differ. Admitting what you accept and disputing only what differs is how you protect the credibility (believability) of what you say.

3. 3

   Collect materials that support the facts, such as KakaoTalk and social media chats, photos and videos, and statements from witness students. Contacting the other student directly to ask for materials or a settlement may be seen as retaliation or threats. So do not contact them directly.

4. 4

   Your child writes a statement of facts during the investigation by the dedicated team (the investigation team inside the school). Write only the facts you remember, in detail, and write that you do not know what you do not know. You can ask for a guardian to be present. Changing your story after writing the statement greatly reduces your credibility. So writing it accurately from the start is most important.

5. 5

   Before the deliberation, submit a written opinion to the deliberation committee. Include your views on the facts, your remorse, your apology and efforts to make up for the harm, and a plan to prevent recurrence (completing counseling, a plan for daily life, etc.). Express remorse and apologize only within the scope of the facts you admit. If you admit even things that are not true, it may be used against you in a juvenile protection trial or civil lawsuit.

6. 6

   Your child attends the deliberation committee with the guardians, states their views and answers the members' questions (School Violence Prevention Act §17(8)). If you want a lawyer to sit in, ask the deliberation committee in advance; whether the lawyer may sit in and how follows the committee's guidance. Submit the written opinion in advance in case you cannot attend.

7. 7

   The superintendent decides on measures based on the result of the deliberation and sends a notice. A period of 90 days from the day you receive the notice starts for challenging the decision (the period in which you can dispute it) (Administrative Appeals Act §27 · Administrative Litigation Act §20).

Frequently asked questions

Practical questions that come up right away in this procedure.

QI received a notice. What should I ask the school first?

Ask about the outline of the case (when, where and what the problem is), the schedule for writing statements, the contact details of the teacher in charge, and whether the principal's own resolution is possible. It is also a good idea to hear what happened directly from your child and write it down.

QIs there a set length or format for the written opinion?

Follow the notice to appear and the local office of education's guidance on the format and length, and focus on the key points. Write in this order: the facts (what you admit and what differs), your remorse and apology, efforts to make up for the harm, and the plan to prevent recurrence. Numbering and attaching materials such as counseling completion certificates and chats makes them easy to find.

QCan we deliver an apology letter in person?

Do not deliver it yourself. Delivering it directly may be mistaken for retaliation.Say through the school or a lawyer that you would like to deliver it, and if the victim's side agrees to receive it, deliver it through the school. Write the apology only within the scope of the facts you admit, and do not include wording that admits things that are not true.

QA police complaint was also filed. Will the statement written for the school violence committee be used in the police investigation?

You should assume it can be used. The two procedures are separate, but the police may ask the school for investigation materials, or the other side may submit them. So write truthfully from the start so that your statement, written opinion and police statement do not conflict.

QCan a guardian handle this without a lawyer?

If it is a minor case where Nos. 1-3 are expected, guardians can write the written opinion and attend themselves.However, for sexual violence, cyberbullying or group cases, we recommend hiring a lawyer. The same goes when a transfer (No. 8) or heavier is expected, or when the other side has hired a lawyer.

QWhat if my child is too nervous to speak on the day of the deliberation?

Both the student and the guardians have a chance to state their views. You can also convey what you want to say in writing through the written opinion submitted in advance.It helps to practice in advance so that on the day your child can briefly say two things in their own words: "what I did wrong" and "what I will do from now on."