81. As the definition of school violence has a wide coverage, even the arguments or
conflicts which are common between friends are brought before the official process to resolve
school violence; students and parents have low confidence in the investigation conducted by
the school body or the teacher responsible for school violence issues; and any decision to guide
or discipline the aggressor student will be documented in the student’s register of school
records, which may have a negative effect on the student’s admission to higher-grade school or
college. These factors and the interactions among them work to increase the conflicts at school
over school violence. According to the MOE, a total of 30,993 school violence cases (6,159 in
elementary school; 15,576 in middle school; and 9,258 in high school) were reviewed in the
school year of 2017. In addition, 1,868 petitions for re-examination were made in disobedience
to the first decisions on school violence, in the same school year.
82. Until recently, the Government required the establishment of the Autonomous
Committee for Countermeasures against School Violence, a body for deliberation on school
violence, in each school, but revised the law in August 2019 to improve this deliberation
system by setting up the Committee for Deliberation of Countermeasures against School
Violence at the level of Education Office. Moreover, under the revised law, in case a victim
student and his/her guardian don't want a session of the Deliberation Committee to be held, the
school headmaster concerned may bring the case to a conclusion after fulfilling certain
requirements. This new system will take effect in March 2020.
83. The law revision described above is expected to help resolve the cases of school violence
from educational perspectives and ease the burden on schools. However, the revised law will
not change anything about the fact that any action taken about an aggressor student in a case of
school violence is documented in his/her register of school records and may have an adverse
effect on his/her admission to a higher-grade school. Accordingly, in this country where a very
high emphasis is placed on the admission to a good school or college, the tendency will persist
that aggressor students resort to legal actions in order to avoid any unfavorable entry in their
register of school records.
84.
In July 2012, the NHRCK recommended that the Government should reinforce the
programs to prevent school violence, including by adopting a student-participatory preventive
program and allocating relevant counselors at school; introduce the programs for responses to
school violence at the initial and middle stages; step up the program to support victims,
aggressors and their guardians for their earlier cure and recovery; improve the way in which a
record of school violence is documented in a student’s register of school records; and improve
the way in which the findings of the current status survey on school violence are made public.
85.
The Government should find out proper measures to minimize the negative
impact of the Act on the Prevention and Countermeasures against Violence in Schools
which prompts the parties in a conflict at school to resort to a legal solution, making it
difficult for them to restore their relationship.
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