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Accused Student
Accused of school violence in Busan: the first statement matters
If your child is reported as the accused student, organize the facts before the first statement, because the committee weighs seriousness, persistence, intent, remorse and reconciliation. A measure that is too heavy can be challenged by administrative appeal or lawsuit within 90 days of notice.
An excessive measure must be stopped at the first statement
The first written statement and account go into the investigation report and reach the committee unchanged. Changing your story later is easily read as a lack of remorse.
We separate what to admit from what is untrue, and if the measure is too heavy we challenge it by administrative appeal. Park Sang Jun, who worked as an elementary school teacher, and Moon Ji Yeong, a law education attorney for the office of education, handle these cases.
To consult in Changwon or Seoul: Changwon Office · Seoul Office
How your case proceeds
Organizing the facts
We first organize your child's account and message records
Written opinion
After the meeting notice, we submit an opinion and evidence
Committee hearing
We prepare the student's and guardian's statements with you
Appeal review
We check the minutes and decide whether to appeal
Deadlines after notice of a measure
| Procedure | Deadline |
|---|---|
| Administrative appeal | 90 days from learning of the measure, 180 days from the measure |
| Administrative lawsuit | 90 days from learning of the measure, can be filed directly without an administrative appeal |
| First instance of a lawsuit by the accused student's side | Judgment within 90 days of filing |
Basis: Administrative Appeals Act, Article 27; Administrative Litigation Act, Articles 18 and 20; Act on the Prevention of and Countermeasures against Violence in Schools, Article 17-5
Accused Student Frequently Asked Questions
QWe were told our child has been reported for school violence. What should we do right now?
A
Before the written statement, go over with your child what happened on each date, and keep all message records in full without deleting anything. Once the principal learns of the case, the principal separates your child from the victim student without delay and orders no contact, threats or retaliation (Act, Articles 16(1) and 17(4)), so do not contact the victim's side directly during this period.
QOur child was also hit, but the other side reported first. Can we file our own report?
A
Yes. Anyone who learns of school violence can report it (Act, Article 20(1)), and the side that reports first does not automatically become the victim. However, if the statement in the case where your child is accused and the content of your own report contradict each other, both lose credibility, so put the facts of both cases in date order together before filing.
QWhat should go in the written opinion to the committee?
A
The measure is set by considering five factors: seriousness, persistence and intent; degree of remorse; potential for guidance; degree of reconciliation; and whether the victim student has a disability (Enforcement Decree, Article 19). The opinion should follow the same order. Separate the facts you admit from those you dispute, and attach dates and evidence of what was done for the apology, counseling and prevention of recurrence. No one can say in advance which measure number will be given.
QIf our child must take special education, do parents have to attend too?
A
Yes. When the accused student completes special education, the committee must have the guardian take education as well (Act, Article 17(13)), and the superintendent of education imposes a fine for negligence of up to KRW 3 million on a guardian who does not comply (Act, Article 23). Students given measures 2 to 4 or 6 to 8 are also separately required to complete special education or psychological treatment (Act, Article 17(3)).
QIf our child is ordered to transfer, which school do they go to? Can they ever return to the victim's school?
A
After the transfer, the student cannot transfer back to the school the victim student attends (Act, Article 17(14)). The superintendent of education or the district superintendent assigns the new school taking into account factors such as a distance sufficient to protect the victim student, and when the students move up to the next school level they are also assigned to different schools (Enforcement Decree, Article 20).
QThe victim's side is asking for treatment costs and consolation money. Is that separate from the committee?
A
It is separate. The law requires the accused student's guardian to bear the costs of counseling and treatment (Act, Article 16(6)), and damages such as consolation money are a civil matter that can be claimed apart from the committee's measure. When writing a settlement agreement, set out not only the amount but also the dates and details clearly so it can be used as evidence of reconciliation before the committee.
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