학교폭력 사안처리와 대체적 분쟁해결제도에 관한 연구

Abstract

Still, the issue of school violence continues to be published in our society. Whenever a serious school violence incident occurs, policymakers have suggested several alternatives. In order to prevent and take countermeasures against school violence, the Ministry of Education established an implementation plan, and the Legislature enacted and revised the 「ACT ON THE PREVENTION OF AND COUNTERMEASURES AGAINST VIOLENCE IN SCHOOLS」 several times. The Judiciary also formed a court dedicated to school violence. The 「ACT ON THE PREVENTION OF AND COUNTERMEASURES AGAINST VIOLENCE IN SCHOOLS」 enacted in 2004 stipulates that the exclusive organization of school violence is established to protect students' human rights and to provide regular preventive education so that students can grow into healthy members of society, and to effectively cope with school violence. Accordingly, this study examined the process of handling school violence cases based on the 「ACT ON THE PREVENTION OF AND COUNTERMEASURES AGAINST VIOLENCE IN SCHOOLS」 and the guidebook for handling school violence cases, and examined problems that arise in the process of handling school violence cases. As for the special issue of school violence, first, the scope of “school violence” is determined as a word, even though it is wide ranging from very minor to heavy. Furthermore it is already said to be a “two-sided student” in the process of dealing with school violence, but the stigma effect was occurring in the actual school. In addition, the intervention of guardians (parents), not student parties, exerted considerable influence, causing fairness and appropriateness problems, and turned into simple punishment purposes. And when transferred to the Office of Education in the process of handling school violence, communication was difficult because it took just the form of a document letter, and it interferes with the progress of educational activities at the school. Handling school violence should be a unique area of education, not a judicial area. If the process of dealing with school violence is prolonged, it will cause severe mental damage and educational difficulties not only to the parties but also to nearby students and schools, and there is a possibility of abuse by perpetrators. In addition, in the current system, the role of schools is absent, and the system is becoming nominal through refusal and postponement of dispute settlement. Based on this, the need for an alternative dispute resolution system (ADR) other than trial is derived. Finally, as a suggestion to revitalize ADR in school violence issues, this study proposed the establishment of a one-stop hub centered on school sites to quickly end school violence issues, securing professional assistants and school personnel with work expertise, strengthening the effectiveness of dispute mediation, and introducing peer mediation factors.