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school violence and juvenile cases legal informationOctober 3, 20260 views

The school called about a bullying case involving my child. What now?

The case will most likely go to a school violence committee (학교폭력대책심의위원회, usually called 학폭위), which sits at the district education office (교육지원청), not at the school. You, as the parent, must be told the date, place and agenda of the meeting, and you and your child have the right to explain your side before any decision. The committee then asks the district superintendent (교육장) to order measures. Nothing in this process depends on your nationality or visa, but every notice and every document will be in Korean.

Who decides, the school or the committee?

Two stages.

1. The school checks the facts. When the school learns of an incident, a school task force (전담기구) made up of the vice principal, counselor, nurse, the teacher in charge and parent members has to confirm what happened. The school must also separate the accused student from the victim right away unless the victim objects, and it must order the accused student not to contact, threaten or retaliate against the victim. 2. The district committee decides. The committee has 10 to 50 members, at least one third of them parents of local students, plus people such as a lawyer, a police officer, a doctor and a school police officer. It hears the case in a closed meeting and asks the superintendent to order measures.

Small cases can stop at stage one. If the victim needed no medical certificate of 2 weeks or more, there was no property damage (or it was repaired), the violence was not repeated and it was not revenge for a report, the principal may close the case at school level. That is allowed only if the victim and the victim's parent say in writing that they do not want a committee meeting. If you are on the victim's side and you do want the committee, say so.

What must the school tell me?

The institution that receives a report of school violence has to inform the parents of both students. When a committee meeting is called, the district office must notify the students and parents on both sides of the meeting date, place and agenda, and later of the result, including which measures were requested. If a notice arrives only as a Korean text message or a letter from the school, ask the teacher in charge to confirm the date in writing, because you will need time to prepare.

Do I have to attend?

You are not forced to, but you should. Before the committee asks for any measure, it must give the accused student and the parent a chance to state their opinion, and the same applies to the victim and the victim's parent. In practice this is a short session in front of the committee where the student is asked about the incident and the parent can add context. Many parents also hand in a written statement (의견서) beforehand. Both can be done; the written one is especially useful if your spoken Korean is limited.

If you are on the victim's side, you can ask the committee to hear a doctor, psychologist or counselor who treated your child; when you request it, the committee is required to listen.

What can the committee order?

For the accused student, there are nine measures, numbered 1 to 9. Several can be combined.

No.Measure (Korean term)
1Written apology to the victim (서면사과)
2No contact, threats or retaliation (접촉·협박·보복 금지)
3Service at school (학교봉사)
4Community service (사회봉사)
5Special education or psychological treatment (특별교육·심리치료)
6Suspension from attendance (출석정지)
7Change of class (학급교체)
8Transfer to another school (전학)
9Expulsion (퇴학), not possible during compulsory education (elementary and middle school)

The committee weighs how serious, repeated and deliberate the act was, whether the student shows remorse, whether the measure can help the student change, how far the two families have reconciled, and whether the victim has a disability. For measures 2 to 4 and 6 to 8 the student also has to complete special education, and the parent must attend education as well. A parent who skips it can be fined up to 3 million won.

For the victim, the committee can arrange counseling, temporary protection, treatment and a change of class. The cost of counseling and treatment is placed on the accused student's family, though the school safety insurance (학교안전공제회) can pay first and claim it back.

How long does it take?

Once the committee makes its request, the superintendent has 14 days to order measures against the accused student, and 7 days for protection measures for the victim (with the victim's parent's consent). Before that point, the school may already have imposed urgent steps such as suspension, which the committee later confirms. Minutes of the meeting are kept, and the parties can apply to read or copy them, with personal details blacked out.

Can I object to the result?

Yes. Both the victim's side and the accused student's side can file an administrative appeal (행정심판) or an administrative lawsuit (행정소송) against the superintendent's decision. A court handling the accused student's lawsuit must give its first ruling within 90 days. If the accused student asks a court to suspend a measure while the case is pending, the victim's side has to be heard first. The committee can also mediate a damages settlement between the families, within one month.

Next step

Write down the date you received each notice and keep every paper the school gives you, even if you cannot read it yet. If a committee meeting has been set, a consultation before the date can tell you what the committee will ask and what to put in your written statement. Consultations are paid; when you contact us, a staff member will call you back and explain the fee.

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1533-7377

Rules applied

Act on the Prevention of and Countermeasures against Violence in Schools (학교폭력예방 및 대책에 관한 법률) Article 12 (committee at the district education office), Article 13(1) (10 to 50 members, one third parents), 13(2) (when a meeting is convened), 13(3) (minutes), 13(4) (notice of date, place, agenda and result to both students and parents), 13(5) (hearing experts at the victim's request), Article 13-2 (school-level resolution and its four conditions), Article 14(3) and (4) (task force confirms facts), Article 16(1) to (3) and (6) (victim measures, separation, 7 days, costs), Article 17(1), (4), (5), (8), (9) and (13) (nine measures, no-contact order, urgent measures, right to be heard, 14 days, parent education), Article 17-2 and 17-3 (appeal and lawsuit), Article 17-4(1) (victim heard before suspension of a measure), Article 17-5 (90 days), Article 18 (mediation within one month), Article 20(2) (notice to parents after a report), Article 21(3) (closed meetings, access to minutes), Article 23 (fine up to 3 million won). Enforcement Decree Article 14(1) (committee members), Article 19 (criteria for measures).

This is general information, not legal advice. Every case is different.

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