KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

I. Background and Purpose of Research

▶ While school violence in the past was sometimes treated as a part of the growing process caused by a few problematic students, it has been establishing itself as a culture, sustained by many students.

○ This violent culture is becoming smarter, more organized, more brutal, affecting younger students, and diversifying. It increasingly mimics adult criminal methods and shows a trend toward diminished guilt.

▶The “Act on the Prevention of and Countermeasures against Violence in Schools” (hereafter “School Violence Prevention Act”) was enacted in 2004. It has undergone significant revisions whenever there were major social events or issues. These amendments have primarily aimed to progressively broaden the definition of school violence, namely, expanding the range of behaviors classified as school violence, and to develop the procedures for handling cases of school violence to be more prompt and fairer.

○ The 2019 amendment of the "School Violence Prevention Act" shifted from a "strict response and punishment-centered paradigm" to “a paradigm focused on reconciliation and fostering positive peer relationships." The 2023 and 2024 amendments reflected most issues previously identified, thereby improving the system.

▶Despite improvements to the "School Violence Prevention Act," the visible impact on fundamental prevention and measures against school violence remains a significant challenge. Addressing school violence is difficult with only a few legislative amendments, and the effects of such amendments are not immediately apparent.

▶This study aims to actively promote the essential characteristics and purpose of the "School Violence Prevention Act," suggesting key issues and potential improvements so that the law can effectively function in preventing and responding to school violence.

 

Ⅱ. Contents

1. Policies and legislation for the prevention and response to school violence

▶Policy response to school violence: Comprehensive strategies for eradicating school violence and basic plans for prevention

○ In South Korea, the policy response to school violence is maintained within the framework of a basic plan spanning 3-5 years, with annual implementation plans, supplemented by status surveys, statistical management, and comprehensive strategies as needed.

○ The key components of the "Comprehensive Strategy for Eradicating School Violence," issued on April 5, 2023, include: (1) extending the 

   preservation period for significant school violence records in students' academic records and expanding the reflection of these records from rolling admissions to also include the College Scholastic Ability Test-based admissions; (2) establishing effective measures for the immediate separation of victims and aggressors from the initial stage of harm; (3) considering the long-term inclusion of school violence records in employment screenings. 

○ The "Fourth Basic Plan for the Prevention of School Violence" is an administrative plan implemented over five years (2020-2024), taking into account the ongoing perception of school violence as a significant social issue which requires across-the-administration countermeasures. The plan includes items related to the following: (1) enhancing the school community's capacity to prevent violence, (2) improving schools' educational resolution capacity, (3) strengthening the protection and healing system for victims, (4) enhancing education and guidance for aggressors, (5) and establish a societal ecosystem for preventing and responding to school violence.

○ School violence surveys have been conducted biannually from 2012 to 2017 after identifying issues with the content, methods, and application of results from the initial 2012 survey. To improve the questionnaires and the efficiency of the system, since 2018, one comprehensive survey in the first half and one sample survey in the second half of each year have been conducted.

▶ Normative response to school violence: the "School Violence Prevention Act."

○ Established in 2004 to address the serious social issue of school violence, this law was designed to set up a dedicated organization, conduct regular prevention education, and establish protective measures for victims and educational guidance for aggressors through an institutional framework for preventing and addressing school violence.

○ The recent amendments in 2023 and 2024 significantly reflect issues previously identified, summarizing the changes as (1) stricter measures against aggressors, (2) enhanced protection for victims, and (3) strengthened response capabilities at the school level.

2. Major School Violence Policies and Legislation Abroad

▶ School violence is not just a problem in our country but is a concern worldwide. Many countries have established policies and legislation concerning school violence, and the concept and scope of school violence are understood differently in legal terms from one country to another. Additionally, each country handles school violence cases in a unique way according to its legal system and policy direction pursued.

○ A study of the legislation related to school violence in UNESCO, the USA, the UK, France, Germany, and Japan has been conducted to compare how the concept of “school violence” is defined and how their legislation is interconnected.

3. Normative Discussion on the Current “School Violence Prevention Act”

▶ Character of the "School Violence Prevention Act"

○ The "School Violence Prevention Act" is an “educational administration law” that defines the concept of school violence and specifies the roles of various stakeholders, as well as measures for aggressors and victims, including means for dispute resolution between them.

○ The "School Violence Prevention Act" does not possess the characteristics of criminal law or special law; instead, it holds the attributes of disciplinary and general law. The relationship between this act and the "Elementary and Secondary Education Act" or the "Juvenile Act" can also be explored.

▶ Concept of "School Violence"

○ "School violence" refers to acts that result in physical, psychological, or financial harm through injury, assault, confinement, threats, kidnapping and luring, defamation and insult, extortion, forceful demand, forced errands, sexual violence, bullying and cyber bullying, occurring inside or outside school environments targeting students.

○ The concept of school violence under the "School Violence Prevention Act" has been criticized for its inclusiveness and ambiguity, suggesting a need for more concrete and detailed typification of actions.

▶ Role and Responsibility of Relevant Parties Concerning School Violence

○ The "School Violence Prevention Act" provides detailed regulations regarding the roles and functions of the Minister of Education, superintendents, heads of district offices of education, related committees, school principals, and dedicated school bodies.

○ To strengthen the self-resolution system managed by school principals concerning school violence, it is necessary to enhance the capabilities of dedicated bodies and investigators.

▶ Effectiveness of Measures for Aggressor Students and Victim Students

○ While the "School Violence Prevention Act" specifies measures for protecting victims, it lacks specific regulations for their implementation, highlighting noted limitations.

○ The Act focuses on measures against aggressors; however, the effectiveness of these nine measures continues to be questioned.

○ To enhance the educational impact of measures against aggressors, it is crucial to ensure the expertise and fairness of the School Violence Countermeasures Committee. Additionally, it is necessary to specifically discuss issues and propose improvements related to disciplinary standards and concurrent sanctions.

▶ Administrative Litigation and Dispute Resolution

○ In administrative tribunals, it is necessary to examine the eligibility of claims by victims and guardians and improve the objectivity and fairness of execution suspensions.

○ Since most regulations related to dispute resolution under the "School Violence Prevention Act" are contained in the executive order, it is worth considering transferring key procedures and effects of dispute resolution into the statute itself. Additionally, since the School Violence Countermeasures Deliberative Committee is not well-suited for dispute resolution tasks, there is a need to establish a third, independent, and specialized committee.

4. Directions for Improving the School Violence Prevention Act

▶ It is necessary to check and review whether the means and objectives of the revised "School Violence Prevention Act" are being effectively applied. For this purpose, expert focus group interviews (FGI) have been conducted with officials handling school violence at schools and Education Offices. The results have been analyzed, and based on these findings, improvements have been proposed to address issues and enhance the effectiveness of the Act.

○ Thereafter, experts’ input has been sought on various issues such as the concept of school violence, the role of dedicated bodies, strengthening the deliberative committee, and enhancing the effectiveness of measures related to aggressor students and victim students. 

▶ Improvements have been proposed about the system and key provisions of the “School Violence Prevention Act.”

 

Ⅲ. Expected Effects

▶ This research, addressing the problems and directions for improvement of the “School Violence Prevention Act” can be utilized as reference material for the establishment of various policies and legislation related to school violence in the future.