SCHOOL VIOLENCE PROCEDURE

School Violence Case Procedures

This guide explains the order of handling from a school violence report to deliberation and measures by the School Violence Countermeasures Deliberation Committee, and the responses available to the offending student and the victimized student.

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School Violence 02Resolution by the School Principal

Principal's Own Resolution Procedure

When the harm is minor and the victim's side wants it, the principal can settle the case within the school without going to the deliberation committee at the office of education. In this case, nothing is recorded in the offending student's school record.

Which step are you at?

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  1. 1Investigation completed
  2. 2Checking the 4 requirements
  3. 3Written consent of the victim and guardians
  4. 4Deliberation by the dedicated team
  5. 5Principal's decision and notice
  6. 6Relationship restoration and follow-up
  7. 7Later request to convene the deliberation committee

Process flowchart

Click a box to see its explanation below.

  • Basic step
  • Additional action / option
  • Rejection / objection
  • End of procedure
Now
STEP 1Agency

Investigation completed

The dedicated team organizes the statements of the victim, offending and witness students and the evidence, and reports the investigation results to the principal.

Next: Checking the 4 requirements

Explanation

The school's investigation team organizes the student statements and evidence and reports the investigation results to the principal. Whether the case can be closed within the school is judged from these results.

Time required
The law sets no deadline for deciding on the principal's own resolution; check the expected schedule with the school
Cost
No cost

Procedure guide

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

  1. 1

    The dedicated team (the investigation team inside the school) organizes the statements of the victim, offending and witness students and the evidence, and reports the investigation results to the principal. Whether the case can be settled within the school (the principal's own resolution) is judged based on these results.

  2. 2

    All 4 requirements set by law must be met (School Violence Prevention Act §13-2). (1) There is no medical certificate stating that physical or mental treatment of 2 weeks or more is needed, (2) there is no property damage, or it was restored right away, or there is a promise to restore it, (3) it is not continuous school violence, and (4) it is not retaliation for a report or statement. If even one is not met, the case goes to the deliberation committee.

  3. 3

    The victim student and guardians must confirm in writing that they do not want the deliberation committee to be convened. Consent is the victim's side's free choice. Before consenting, it is safer to first secure the medical certificate and counseling records and confirm how serious the harm is. This is because if a medical certificate says 2 weeks or more of treatment is needed, the case is not eligible for the principal's own resolution.

  4. 4

    The dedicated team deliberates on whether the requirements are met and whether there is consent, and reports to the principal. If the principal decides on the principal's own resolution, the principal notifies the students and guardians of both sides in writing and reports to the deliberation committee at the local office of education (School Violence Prevention Act §13-2(1)). The law does not set a deadline for the principal's own resolution decision; it follows the Ministry of Education's case-handling standards, so check with the school.

  5. 5

    Under the principal's own resolution, no measure is imposed on the offending student and nothing is written in the school record. Instead, an apology, a relationship restoration program, counseling support and the like are carried out, and the school watches to make sure problems do not recur. If needed, the victim student is connected with counseling and treatment.

  6. 6

    Even after the principal's own resolution, property damage may not have been restored, or facts not revealed in the investigation may come to light. In these cases, the victim's side can ask for the deliberation committee to be convened (a request by the victim student or guardians is a ground for convening the deliberation committee, School Violence Prevention Act §13(2) item 3). The details of the grounds and deadline for a new request are not set separately by law but follow the Ministry of Education's case-handling standards, so check with the school or the local office of education.

Deadlines to keep from now

This procedure has no statutory deadlines.

Preparation and checks

  • Secure the medical certificate and counseling records before consenting. If a certificate of 2 weeks or more comes out, the principal's own resolution is not possible, and it is hard to undo after signing.
  • Check the 4 requirements (medical certificate, property damage, continuity, retaliation). If even one applies, the case goes to the deliberation committee.
  • If you are the victim's side, check the chance of recurrence and your child's wishes before signing. It is hard to undo after signing.
  • For the offending side, it is to your advantage to actively apologize and make up for the harm.
  • Keep the principal's decision notice and the details of the relationship restoration program in case you later request deliberation.

When you need a lawyer

Some cases need a lawyer's help before giving written consent. One is when you are asked to consent while it is still hard to judge how serious the harm is.

Another is when new facts come to light after the principal's own resolution and you want to ask for the deliberation committee to be convened again.

Current position (5/7)

Step 5 · Principal's decision and notice

What to do now

The principal decides to "settle it within the school." The principal informs the parents on both sides in writing and also reports to the office of education. Keep this notice for later.

  • Keep the principal's decision notice and the details of the relationship restoration program in case you later request deliberation.

What comes next

Step 6 · Relationship restoration and follow-up

A program for apologizing and restoring the relationship and counseling are carried out, and the school watches to make sure it does not happen again.

The victim can keep receiving counseling and treatment.

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 before giving written consent. One is when you are asked to consent while it is still hard to judge how serious the harm is.

Another is when new facts come to light after the principal's own resolution and you want to ask for the deliberation committee to be convened again.

5 / 7

Frequently asked questions

Practical questions that come up right away in this procedure.

QWho submits the consent form for the principal's own resolution, and where?
The victim student and guardians submit it in writing to the school (the dedicated team). The school provides the form, which includes a statement that you do not want the deliberation committee to be convened, and your signature. The offending student's side does not need to agree.
QIf the case ends with the principal's own resolution, does nothing really stay in the offending student's school record?
Yes, nothing remains. Because no measure is imposed on the offending student, nothing is written in the school record (생활기록부).
QIf I change my mind after consenting, can I withdraw?
The principal's own resolution is a procedure that ends once the victim's side confirms in writing that it does not want the deliberation committee to be convened. So it is not easy to undo.However, if property damage has not been restored as promised, the victim's side can ask for the deliberation committee to be convened. The same applies when new facts come to light that were not revealed during the investigation.The grounds and deadline for this request follow the Ministry of Education's case-handling standards, so check with the school. This is why you should first check the medical certificate and your child's wishes before signing.
QI am the guardian of the offending student. Can I request the principal's own resolution?
You have no right to request it. Whether the case is resolved by the principal depends on whether the requirements are met and on the victim's side's consent.All the offending side can do is convey, through the school, its wish to apologize and its plan to make up for the harm. Contacting the victim's side directly to ask for consent may be seen as retaliation or threats.
QDo we have to take part in the relationship restoration program?
It is not a legal duty. It is a program the principal may run when needed. Apology and restoring the relationship are a chance to settle things with the victim's side, so decide carefully whether to take part.

When you need a lawyer

  • Before consenting to the principal's own resolution, first secure the medical certificate and counseling records. This is because if a medical certificate says 2 weeks or more of treatment is needed, the case is not eligible for the principal's own resolution.
  • The deadline for deciding on the principal's own resolution, and the grounds and deadline for later asking the deliberation committee to be convened, follow not the law but the Ministry of Education's case-handling standards, so check with the school or the local office of education.
  • For the offending side, the principal's own resolution means no measures and nothing in the school record, so it is to your advantage to actively apologize and make up for the harm.

Related laws

  • Act on the Prevention of and Countermeasures against Violence in Schools (School Violence Prevention Act) Article 13-2 (resolution by the head of school)
  • Enforcement Decree of the School Violence Prevention Act

Principal's Own Resolution Procedure,
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