[Smiling] A child actor daughter who became a victim of school violence.What if he apologizes and the victim refuses?

□ Broadcast date and time: October 10, 2024 (Thursday)
□ Host: Attorney Jo In-seop
□ Cast: Attorney Shin Jin-hee

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◇ Lawyer Cho In-seop (hereinafter referred to as Cho In-seop): When playing Go, a trainer who is watching from a distance one step away often points out a trick. It is said that the reason why the spectators see a great number is because they look at the checkerboard one step away without the burden of winning or losing, so why don't you look at the complicated things one step away? Lawyer Cho In-seop's Counseling Center will open now.

◇ Jo In-seop: Lawhouse for you, with lawyer Shin Jin-hee.

◆ Lawyer Shin Jin-hee (hereinafter referred to as Shin Jin-hee): Yes, hello. I'm Shin Jin-hee's lawyer from Shinsegae Law Firm.

◇ Jo In-seop: Let's first meet the people who knocked on the door of the consultation center today, what kind of concerns they have.

□ DEAR READER: My husband and I were married over 30 and had a hard time getting our daughter through in vitro procedures. The daughter has been so pretty that she was rumored to be in the hospital since she was a baby. It got prettier and prettier as I grew up, but I thought it would only look like that to my eyes. People around me looked at my daughter and told her to model her. I took him to an audition for a children's clothing model because I thought I had to lose, but I passed the first place. Since then, my daughter has been a model and child actor. But recently, my daughter got angry while arguing with her friend and pushed her friend over. Upon hearing this, I tried to apologize with my daughter, but the other child is not accepting the apology. I'm going to continue to apologize, but I'm even suffering from insomnia because I'm worried about what will happen if the student action is taken against my child. My daughter is also regretting her behavior. I wonder what the criteria will be if the daughter is recognized as an offender and the school takes action. It is said that there will be disadvantages later if the recent measures are written in the school life record book, but I wonder if they will be written forever. And is there no way to solve it smoothly without going to the school violence countermeasure review committee?

◇ Cho In-seop: Attorney Cho In-seop's Counseling Center Today was a story about school violence. What are the criteria for determining the perpetrators' school violence measures?

◆ Shin Jin-hee: Yes, first of all, if the content reported as school violence is recognized as true through a meeting of the School Violence Countermeasures Review Committee, we will determine whether the content can be recognized as school violence. Regarding the scope of school violence, the precedent ruled that "school violence is not limited to assault, defamation, etc., but refers to any act that involves damage to a student's body, mind, or property." In general, it can be said that the scope of school violence is wider than if the criminal cases we know are found guilty. And if it is recognized as school violence, the contents of the measures will be judged by filling in the scores according to the application criteria for each measure against the perpetrators. The criteria are determined by calculating 0 points to a maximum of 4 points for each of five factors, including seriousness, continuity, intentionality, the degree of reflection of the perpetrators, and reconciliation, and after determining the contents of the measures through the scores, the measures can be increased or reduced in consideration of the possibility of leading the perpetrators. And if the victim is a disabled student, measures can be added.

◇ Cho In-seop: How long is the preservation period for the measures listed in the school life record?

◆ Shin Jin-hee: The measures taken by the perpetrators are from No. 1 to No. 9 in the order of light to heavy measures, and there are nine measures, including a written apology for No. 1, prohibition of contact, intimidation and retaliation against No. 2 victims and reported students, service at No. 3 school, No. 4 community service, No. 5 special education or psychotherapy, No. 6 suspension of attendance, No. 7 class change, No. 8 transfer, and No. 9 expulsion. Since elementary and middle schools are compulsory education, transferring schools is the heaviest measure. I think many parents, like you, will be concerned about being listed in the school records, but receiving student action does not necessarily mean that it is included in the school records. From No. 1 to 3, if you are at the same school level, such as middle school, but you have never been subjected to school violence while attending middle school, the first time will not be recorded in the school life record and will be reserved. However, if a written apology, contact, no intimidation retaliation, or failure to carry out on-campus service, or if a student is punished again for other school violence when attending the same school level, it will be recorded in the school life record along with previously reserved measures. However, if you receive measures corresponding to No. 4 to No. 9, it will be immediately recorded in the school life record. Then, you wonder if this record will remain forever if the perpetrator's action is recorded in the school record, and the measures from No. 1 to No. 3 will be deleted at the same time as graduation. And on the premise that school violence occurred after March 1, 2024, No. 4 social service, No. 5 special education, or psychotherapy will be deleted two years after graduation, and No. 6 attendance suspension, No. 7 class replacement, and No. 8 transfer will be deleted four years after graduation. No. 9 expulsion will not be removed from the school records. However, measures from No. 4 to 7 may be deleted at the same time as graduation through deliberation by a dedicated organization in consideration of the perpetrator's life attitude before graduation.

◇ Cho In-seop: Is there a procedure to resolve the issue without going to the school violence council?

◆ Shin Jin-hee: You gave me a question that there is no way to resolve it smoothly through reconciliation. Just because school violence has occurred, all school violence cases are deliberated on school violence, which may be unwanted by the victim. In the case of minor matters, you may wish to resolve them through a genuine apology and reconciliation. In these cases, there is a way to end school violence cases early. It's the principal's own solution system. This system only applies to minor school violence cases. And it should meet four requirements. If a medical certificate requiring physical and mental treatment for more than 1.2 weeks is not issued by a dedicated organization of the school, 2. If there is no damage to property, or if the damage is immediately restored or promised to be restored, 3. If school violence is not continuous, 4. If it is not an act of retaliation for reporting, making statements, and providing data on school violence, it will be deliberated on whether there are four requirements. And if these four requirements are met, the school will ask the victim whether he wants to self-solve or deliberate on school violence, and if the victim agrees to resolve the principal's own solution, it will be confirmed in writing and the school violence case will be closed. However, the principal's own solution should be based on a genuine apology and reflection.

◇ Cho In-seop: Is there a system to appeal if it is recognized as school violence through the School Violence Countermeasures Council?

◆ Shin Jin-hee: Administrative trials and administrative litigation can be filed to object to the measures taken by the School Violence Countermeasures Review Committee. In general, the reason for objection is if the action is taken even if the action is excessive or not school violence, and if there is a procedural violation in the process of determining the action. In the case of an administrative trial, a claim may be made within 90 days from the date of knowing that there is action and within 180 days from the date of disposition. In administrative litigation, a revocation lawsuit must be filed within 90 days from the date of knowing that there is a disposition and within one year from the date of the disposition. In general, it seems safest to file a disposition notice within 90 days of receiving it.

◇ Jo In-seop: Now, to summarize what we've done so far... School violence measures are determined by scoring according to five criteria: severity, persistence, intentionality, degree of reflection, and reconciliation. In minor cases, the offender's actions will be deleted upon graduation or deleted two years after graduation, and class replacement or transfer measures will be deleted four years later, and the expulsion of No. 9 will not be deleted. Minor school violence cases can be resolved through reconciliation through the principal's own solution system with the consent of the victim. So far, I've been with lawyer Shin Jin-hee.

◆ Thank you.

◇ Cho In-seop: You can listen to <Attorney Cho In-seop's Counseling Office> again on YouTube. If you have any questions or suggestions, please comment.