Representing the Victim before the School Violence Committee

Which step are you at?

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

1. 1Reporting and preserving evidence
2. 2Writing a statement of the harm
3. 3Requesting urgent protective measures
4. 4Deciding whether to consent to the principal's own resolution
5. 5Submitting a written opinion on measures
6. 6Attending the deliberation and stating views as representative
7. 7Notice of the result
8. 8Challenging the decision

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

Time required

The investigation and deliberation schedule varies by case (after the deliberation committee's request, the superintendent takes protective measures for the victim within 7 days and measures against the offending student within 14 days)

Cost

No cost (fees for legal advice and for a lawyer to accompany you are separate)

Procedure guide

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

1. 1

   Report to 117, the school or the police, and immediately secure medical certificates, counseling and treatment records, message and social media screenshots, photos and videos, and a list of witnesses. Keep the originals of screenshots so that the dates and the other party are visible. Over time, messages may be deleted or witness students' memories may fade, so secure evidence at the same time as you report.

2. 2

   Write down specifically, in time order, when, where, who and what happened, along with the extent of the harm and the current condition. You can ask for a guardian to be present. The statement must contain only facts, without exaggeration. If exaggerated parts come to light, the whole statement will be seen as hard to believe.

3. 3

   Ask the principal for urgent protective measures such as immediate separation from the offending student, psychological counseling and temporary protection (School Violence Prevention Act §16). Also ask that absences or time spent receiving treatment due to protective measures be recognized as attendance.

4. 4

   Even if the case meets the requirements for the principal's own resolution (settling it within the school), the victim's side chooses whether to hold the deliberation committee (School Violence Prevention Act §13-2). Decide by weighing the extent of the harm and the chance of it happening again, but before consenting, first check whether a medical certificate says treatment of 2 weeks or more is needed. This is because the treatment period stated in the certificate determines whether the principal's own resolution is possible.

5. 5

   Submit in writing your views on the protective measures you want for the victim (counseling, treatment, class transfer, etc.) and on the measures against the offending student, organized around the 5 factors (severity, continuity, intent, remorse, reconciliation). Even if the offending student's guardians contact you directly to ask for an apology meeting or settlement, you do not have to respond. It is safer to receive all contact through the school or a lawyer.

6. 6

   State the facts of the harm and the measures you want (School Violence Prevention Act §16(2)). Ask in advance for the order of appearance and waiting areas to be separated so you do not run into the offending student, and if you want a lawyer to sit in, ask the deliberation committee in advance. If your child has received counseling or treatment, the deliberation committee must hear that expert's opinion when the victim's side asks (§13(5)).

7. 7

   The superintendent decides the protective measures for the victim and the measures against the offending student, and also informs the victim and guardians of the result.

8. 8

   If the measures against the offending student are far too light or the protective measures are insufficient, you can file an administrative appeal with the office of education's administrative appeals commission within 90 days from the day you receive the notice (School Violence Prevention Act §17-2 · Administrative Appeals Act §27).

   Current step

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhere should I get a medical certificate, and what kind?

For physical injuries, get a medical certificate of injury from a hospital; for psychological harm such as anxiety or insomnia, get a medical certificate or doctor's opinion from a psychiatry clinic. If the treatment period is 2 weeks or more, ask that this period be written in the certificate. This treatment period determines whether the principal's own resolution is possible.

QThe school wants to settle the case through the principal's own resolution. Can I directly ask for the deliberation committee to be convened?

Yes, you can ask. If the victim student or guardians request it, the chair of the deliberation committee must convene a meeting.The principal can resolve the case on their own only if the victim student and guardians do not want the deliberation committee to be convened. Check with the school or the local office of education how to make the request.

QWill we run into the offending student on the day of the deliberation?

When you receive the notice to appear, ask the official in charge at the local office of education to separate the order of appearance and the waiting areas, and check how the day will proceed.

QIf we ask for the measures we want, will they be imposed as requested?

Not necessarily. The deliberation committee decides measures according to the Ministry of Education's standards.It looks at the scores for the 5 factors (severity, continuity, intent, remorse, reconciliation) and the standards for making measures heavier or lighter. So in your written opinion, attach evidence showing severity, continuity and intent together with the measures you want.

QIf my child finds it too hard to go to school and stays home, will it count as an absence?

Absences due to protective measures (counseling, treatment, temporary protection) can be counted as days of attendance if the principal approves. Even before measures are decided, if the victim asks for urgent protection, the principal can take measures such as counseling, temporary protection and treatment.So request urgent protection in writing and also ask for the absences to be recognized as attendance. If you keep your child home to rest, it is best to inform the school first.

QCan a guardian handle this without a lawyer?

If the case is minor, guardians can write the statement and written opinion themselves and attend.However, for sexual violence, cyber or group cases, it is best to prepare with a lawyer from the start. The same applies when the offending side has hired a lawyer, or when you are also considering a criminal complaint or damages.