School Violence Type 2 | Assistance for a Victim Who Suffered a Fractured Nasal Bone From Assault, Resulting in School Violence Disciplinary Measures Against the Perpetrator

The client, who had been exposed to ongoing school violence, ultimately suffered an injury fracturing the nasal bone after being assaulted by the perpetrator.

As a result of this incident, the client, whose nasal bone was fractured, was diagnosed with a nasal bone fracture and had to undergo emergency surgery.

The client, who had done nothing wrong, was in a deeply unfair situation.

In particular, the client, the school violence victim, had been unilaterally assaulted, yet the perpetrator reportedly named the client as a perpetrator of school violence, claiming to have also been assaulted, based on the client's raising of a hand in self-defense.

As a classmate of the perpetrator, the client needed prompt measures.

In addition, the client, who suffered significant physical and emotional harm from the school violence, had difficulty responding to the school violence committee.

The client therefore came to Daeryun Law Firm together with the client's guardians.

School violence victims can now receive stronger protection under the recently amended School Violence Prevention Act. In addition to victim protection, the measures against perpetrators have also been strengthened. The following addresses these points.

School Violence Prevention and Countermeasures Act, Article 17 (Measures Against Perpetrating Students) (1) For the protection of the victimized student and the guidance and education of the perpetrating student, the deliberation committee shall request the superintendent of education to take, against the perpetrating student, any of the measures falling under the following items (including cases where several measures are imposed at the same time), and the application standards for each measure shall be prescribed by Presidential Decree. However, expulsion shall not apply to a perpetrating student in the compulsory education process.

1. A written apology to the victimized student

2. A prohibition on contact, threats, and retaliatory acts (including acts using an information and communications network) against the victimized student and the reporting or accusing student

3. Service at the school

4. Community service

5. Completion of special education or psychological treatment by an internal or external expert or by an institution designated by the superintendent of education

6. Suspension of attendance

7. Class reassignment

8. Transfer to another school

9. Expulsion

(2) Where the deliberation committee requests the superintendent of education to take measures against a perpetrating student under paragraph (1), and the reason is a threat or retaliatory act (including an act using an information and communications network) against the victimized student or the reporting or accusing student, the committee may impose the measures under items 6 through 9 of the same paragraph at the same time or may aggravate the content of the measures.

(3) A perpetrating student who has received a measure under items 2 through 4 and items 6 through 8 of paragraph (1) shall complete special education or receive psychological treatment at an institution designated by the superintendent of education (including alternative education institutions), and the period thereof shall be determined by the deliberation committee.

School Violence Prevention and Countermeasures Act, Article 16 (Protection of Victimized Students) (1) Where the deliberation committee deems it necessary for the protection of the victimized student, it may request the superintendent of education (in the absence of a superintendent, the head of the institution prescribed by municipal ordinance under Article 12 (1); the same shall apply hereinafter) to take, with respect to the victimized student, any of the measures falling under the following items (including cases where several measures are imposed at the same time). However, where the head of the school becomes aware of a school violence incident, the head shall, absent special circumstances prescribed by Presidential Decree such as the victimized student's objection, promptly separate the perpetrator (including teachers) from the victimized student, and where the victimized student requests emergency protection, the head may take the measures under items 1 through 3 and item 6. In such case, the head of the school shall immediately report to the deliberation committee.

1. Psychological counseling and advice by an internal or external expert

2. Temporary protection

3. Treatment and convalescence for treatment

4. Class reassignment

5. Deleted

6. Other measures necessary for the protection of the victimized student

(2) Before requesting the measures under paragraph (1), the deliberation committee shall go through appropriate procedures, such as granting the victimized student and the student's guardian an opportunity to state their opinions.

(3) Where a request under paragraph (1) is made, the superintendent of education shall take the relevant measure within seven days, with the consent of the victimized student's guardian.