학교폭력의 개념으로서 교사폭행에 관한 고찰 -미국과의 비교검토를 중심으로-

Abstract

Recently, school violence in our society tends to be criminalized or organized going beyond the simple deviation acts among students, and it appears as serious social problem as the violence has become common not only among male but also among female students. The damage from school violence specially undergoes second victimization expanded into mental illness accompanying melancholy and nervousness beyond the physical wound, and in extreme cases, causes third victimization,the victim student's suicide. Our country has practiced the government-level policy package, becoming aware of the seriousness of school violence with the establishment of the Act of School Violence Prevention and Measures in 2004. Besides, it has implemented various policies for school violence prevention and extermination by announcing "policy package for school violence eradication". However, school violence has increased in quantity, and changed and developed in various forms. Especially, violence cases between the teacher and the student occurring in recent times are serious and its measures are urgent. However, until now, there are almost no supporting policies and legal systems for the protection of teachers as victims of violence. Thus, we have to practice the following policies. First, we have to prepare legal system which can protect both the aggressor and the victim by including the violence between the teacher and the student within the boundary of school violence. Second, the nation has to recompense the physical and the mental damage of the teacher as school violence victim. Third, we need school violence disposition as the prevention of school violence and the necessary measures. Fourth, we need the criminal compromise system In conclusion, we could take effective measures against the violence among students within the school when we give priority on the protection of the teacher from the school violence by establishing special law called education activity protection law.