학교폭력문제 대응에 대한 교육적 고찰: ‘학교폭력대책자치위원회’의 운영을 중심으로

Abstract

This paper aims to ascertain the problems of composition and institutional function of The Autonomous Committee for School Violence Countermeasure that is set up by The Act on the Prevention and Countermeasure against School Violence, and to present improvement measures to recover its educational purport by fulfilling appropriately this Committee’s function as a special organization for the solution of school violence cases. The problems of composition and institutional function of The Autonomous Committee for School Violence Countermeasure that this paper brings to light are as follows: First, this Committee has the problem of composition because the inner members of the school constitute a large majority of this Committee, and the problem of partiality and insufficient expertise to treat cases of school violence. Second, the provisions for measures toward victim students and assailant students that are regulated in The Act on the Prevention and Countermeasure against School Violence are prescribed in abstract terms. Third, the greater part of measures that The Autonomous Committee for School Violence Countermeasure resolve on victim students and assailant students are administrative or punitive measures rather than educational ones. Fourth, the steps to school violence cases at present are taken by dual system; that is, educational system and legal system. This procedure gives rise to troubles such as different or contrary decisions on same cases. This paper proposes improvement measures which can modify this Committee to strengthen expertise and impartiality and to fulfill its educational effect in managing and resolving school violence cases as follows: First, this Committee has to be established on the outside of school; that is, on the District Office of Education in each local autonomous entity. Second, the abstract and subjective provisions for measures toward victim students and assailant students have to be revised into the concrete and objective provisions by amending The Act on the Prevention and Countermeasure against School Violence. Third, the administrative-oriented ways to treat school violence cases through this Committee has to be sublated, and the educational-oriented way to pay attention to the needs of victim students and assailant students has to be strengthened. Fourth, educational approach to help victim students and assailant students prior legal proceedings to deal with school violence cases has to be adopted.