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Problems and Improvements of 『The Act on the Prevention and Countermeasures against Violence in Schools』

  • DONG-A LAW REVIEW
  • 2018, (78), pp.405-429
  • DOI : 10.31839/DALR.2018.02.78.405
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : January 22, 2018
  • Accepted : January 24, 2018
  • Published : February 28, 2018

Ha, Yun Su 1

1부산교육대학교

Accredited

ABSTRACT

On 29 January 2004, 『the Act on the Prevention and Countermeasures Against Violence in Schools』 has been enacted and it has been amended 20 times in order to effectively cope with school violence, which has become a serious social problem. However, school violence continues to increase, rather than decrease. The reason for this is that as parents and students became the subject of education, their rights and requirements are legally guaranteed, while teachers have lost the authority to guide students' life, and only their responsibilities are increased. This paper analyzes the actual condition and the current situation of school violence, and reviews the cases of developed countries. In particular, the paper has found out the problems of “Student Violence Autonomy Committee” in comparing the establishment, processing procedure, structure and operation from cases of foreign legislation. First of all, the researcher recommends giving school principals authority to manage minor school violence cases. School violence processing procedures are evolving into a complicated mechanism since some parents of victim students are filing lawsuits even though it can be solved through reconciliation. Teachers in charge are getting confused by the legal disputes and the confusion of the school is increasing, and the education rights of the school are damaged as well as the students' rights of education is being infringed. This paper pursues to transfer “Student Violence Autonomy Committees” out from the school except for minor matters. This is not only for the normalization of the school education, but also for matters such as the lawsuits of parents that should be dealt outside of the school.

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