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Victim Student
School violence victims in Busan: preserve the evidence first
Once you learn of school violence, preserve the evidence, report it to the school, and request protective measures such as separation from the accused student and counseling or treatment right away. If the measure against the accused student seems too light, the victim's side can also appeal or sue.
Once you know about the harm, protect the evidence first
If you contact the accused student's side in anger, chat rooms may be deleted or stories aligned. Preserve the evidence, and request separation and protective measures together with the report.
If the guidance measure seems too light, the victim student's side can also 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
Preserving evidence
Keep messages, photos and medical certificates in original form
Reporting
Report the harm to the homeroom teacher or the teacher in charge
Requesting protection
Request separation, counseling and other protective measures
Committee hearing
State your views and prove the pattern of harm
Deadlines you must not miss
| Situation | Deadline |
|---|---|
| Protective measure requested by the committee | District superintendent acts within 7 days with the guardian's consent |
| Administrative appeal | 90 days from learning of the measure, 180 days from the measure |
| Administrative lawsuit | 90 days from learning of the measure |
| Claim for damages | 3 years from learning of the harm, 10 years from the wrongful act |
Basis: Act on the Prevention of and Countermeasures against Violence in Schools, Article 16(3); Administrative Appeals Act, Article 27; Administrative Litigation Act, Article 20; Civil Act, Article 766
Victim Student Frequently Asked Questions
QMy child is afraid to go to school. Can we ask for the accused student to be suspended before the committee meets?
A
Yes. At the request of the victim student and guardian, the principal can, after review by the dedicated body, first suspend the accused student or move them to another class, and must report immediately to the committee for approval (Act, Article 17(6)). For a school violence victim, emergency protection such as psychological counseling, temporary protection and treatment is available (Act, Article 16(1)), and absences for these are counted as attendance if the principal approves (the same Article, paragraph (4)).
QWhat happens if a school violence victim signs a consent form for the school to resolve the case itself?
A
Once signed, the committee does not meet and the principal closes the case. Self-resolution is possible only for minor cases with no medical certificate of 2 weeks or more, no property damage or damage that has been restored, no persistence and no retaliation, and the wishes of the victim student and guardian must be confirmed in writing (Act, Article 13-2). Before signing, check with the school whether the case meets these requirements and how a recurrence would be handled.
QMy child will not say much about what happened. Can parents ask the school to investigate?
A
Yes. The victim student or guardian can ask the school's dedicated body for a fact-finding investigation to confirm the harm (Act, Article 14(6)), and the principal must have the facts checked without delay once aware of the case (the same Article, paragraph (4)). Organizing dated records such as counseling records, absence and early-leave records and medical records helps the investigation.
QA no-contact order was issued, but the accused student keeps contacting my child. Who do I tell?
A
Tell the principal, and if the measure or discipline is delayed or not carried out, you can report it to the superintendent of education (Act, Article 17(16)). The superintendent must then investigate the district superintendent or principal without delay, and if the accused student refuses or avoids the measure, the committee can ask the district superintendent for an additional measure (the same Article, paragraph (15)).
QMy child wants to change schools. Can't the accused student be transferred instead?
A
Transfer of the accused student is possible only if the committee requests measure No. 8 from the district superintendent, and the law does not give the victim's side a right to demand it (Act, Article 17(1)). Transfer of the victim student is not on the list of protective measures (Act, Article 16(1)), so ask the school and the district office of education separately about transfer procedures. An accused student who has been transferred cannot return to the victim student's school (Act, Article 17(14)).
QCould the deadline for claiming damages pass while we wait for the committee result?
A
A damages claim must be filed within 3 years of learning of the harm and the wrongdoer, or 10 years from the wrongful act (Civil Act, Article 766). The measure decision and meeting minutes issued after the committee can be used to prove the facts, so claims are often filed after the committee finishes, and if the accused student is a minor we also consider the guardians' liability (Civil Act, Articles 750 and 755).
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