School violence in Busan: act from the very first written statement

No. It is held by the School Violence Countermeasures Committee of the district office of education that oversees the school (Act on the Prevention of and Countermeasures against Violence in Schools, Article 12(1)). In Busan, five district offices of education (Seobu, Nambu, Bukbu, Dongnae and Haeundae) divide the schools by district and county, and administrative appeals against measures go to the Administrative Appeals Commission of the Busan Metropolitan Office of Education.

It is not too late. After the statement there is still work at every stage: the investigation by the dedicated body, the written opinion and oral statement at the committee, and any appeal after the measure is notified. A Busan school violence lawyer starts by putting the facts back in date order so that the statement already submitted and the opinion still to come do not contradict each other.

What is entered in the school record is the measure the district superintendent imposed on the accused student and the date of that decision (Enforcement Rules of the Elementary and Secondary Education Act, Article 21); there is no entry for the mere fact that the committee met. Measures 1 to 3 are also not recorded if they are carried out and no further measure is imposed for another incident at the same school level.

In principle the student and guardian attend in person and give their views. Before requesting a measure, the committee must give the accused student and guardian and the victim student and guardian an opportunity to state their opinions (Act, Articles 17(8) and 16(2)). The lawyer helps draft the written opinion and prepare the statement, and whether the lawyer may attend is confirmed in advance with the committee concerned.

The notice of the measure decision, the notice of the committee meeting, copies of statements submitted to the school, original message records, and any medical certificates or counseling records. If the victim or accused student or a guardian applies to inspect and copy the meeting minutes, the parts without personal information are disclosed (Act, Article 21(3)), so applying for them at the same time makes it easier to decide whether to appeal.

No. School violence measures 1 to 9 are not criminal penalties but guidance and educational measures imposed by the district superintendent at the committee's request (Act, Article 17(1)), so they do not appear in criminal history records, and the record is governed by the school record rules. Even if a separate criminal complaint is filed and the case goes to the juvenile division, the Juvenile Act provides that a protective disposition does not affect the juvenile's future status (Juvenile Act, Article 32(6)).