학교폭력 피해학생 보호 법제의 현황 및 입법적・정책적 개선과제 연구

Abstract

The purpose of this study is to analyze the current law and state of school violence, and to suggest ideas for law reform to protect the human rights of victims of school violence. According to the 2020 Survey on School Violence conducted by the Korean Ministry of Education, verbal abuse(33.6%) was the most common type of school violence, followed by group bullying(26.0%), cyberbullying(12.3%), and physical abuse(7.9%). While the number of school days decreased due to COVID-19 in 2020, the proportion of cyberbullying(3.4%p) and group bullying(2.8%p) increased significantly compared to 2019. Therefore, this study suggests the following ideas to reform the 「Act on the Prevention of and Countermeasure Against Violence in Schools」 to address the identified issues regarding protection of the human rights of victim students. First, the prohibition of non-face-to-face contact, threat, and retaliation needs to be stipulated and strengthened. Second, the definition of persistent violence needs to be clarified and the measures to separate aggressor students from victim students needs to be strengthened. Third, measures to protect students from cyberbullying needs to be prepared. Fourth, the separation of the aggressor and the victim needs to be reinforced through providing education programs for and entrusting a specialized institution with the education of aggressor students.