「학교폭력 예방 및 대책에 관한 법률」의 성격에 대한 검토 및 그 개정방향

Abstract

In South Korea, since the mid-1990s, many students committed suicide because of the school violence or performed poorly in school due to serious mental harm with the school violence. So civic organization asked to take serious measures for extermination of school violence. In response to national level, the government prepared several measures for extermination of school violence and enacted 「Act on the Prevention of and Countermeasures against Violence in Schools」 at the same time as the part of the countermeasure on January 29, 2004. This Act have features that offer the way to solve by regulating policies and regulations for Prevention of and Countermeasures against Violence in Schools, taking into account the fact that assailant and victim is a student, and providing special procedure in educational level for the purpose of calibration rather than conventional civil and criminal procedures for punishment. Since then, This Act was amended over a total of six times until July 2014. However, the act is only a supplementary law which is applicable only if there is no law related to assailant student applying measure, and it still has a lot of criminal penalties for assailant students so that it is very difficult to have binding force on this Act’s procedures including dispute resolution procedure. Therefore, the improvement of assailant student through disciplinary action is difficult to expect. In this paper, by clarifying the character as administrative law as a discipline law based upon the premise of study on legislative process and enactment & amendment of this Act, I tried to propose suitable revised provision on prevention of school violence and leading & educating of assailant student according to the legislative purpose. That is, I assist to grant the ‘quasi-judicial effect’ on measures and decisions of the committee of school violence and to revise this Act to the fundamental law in treating school violence incidents. But I suggest the introduction of the system that the upper committee can exceptionally bring a assailant student to a investigative agency or court in the severe cases