「학교폭력 예방 및 대책에 관한 법률」상 가해학생 조치에 관한 비판적 검토

School Violence has already been recognized as a serious social problem since 1990s in Korea, government, in 1995, came up with ‘comprehensive countermeasures for eradication of school violences’, and 「Act on the Prevention of and Countermeasures against Violence in Schools : APCVS」 was legislated on 29th, January, 2004. And the present government, meanwhile, declare school violence as the Four Evil of our society and endeavor to exterminate school violence. However, it is hard to deny that school violence is still in a serious state. Thus, in this paper, in order to realize legislative intent of APCVS effectively, I examined critically the measure against student perpetrator of APCVS. School violence arise because of not only internal school affair, but also combination of circumstances surrounding student such as home environment and local society so that for method of reaction, it is difficult to solve school violence just by emphasize responsibility to teacher. Nonetheless, APCVS has been formed in terms of enhancing student perpetrator’s punishment and teacher’s responsibility. Therefore, the existing school violence reaction system is allowing school to turn into the organization of punishment and crackdown, not the place for enforcement agency and focusing on educating and leading. Yet, school violence usually happened between students in school secretly, therefore it is rarely exposed. And most of perpetrators have great possibility to become adult criminal. Therefore it could not be appropriate measure by reinforcing their punishment or isolating them from school or society. Consequently, to root out school violence, it is necessary to approach in pedagogical dimension as far as possible rather than criminal law approach, and measure against student perpetrator of APCVS should also put effort into managing function properly as the action for educating and leading. Meanwhile, it is undeniable that student perpetrator who has acknowledged as perpetrator and received disciplinary measures affected significantly. For this reason, measures against student perpetrator must be done fairly and objectively and theirs contents, period, and procedure have to prescribed specifically by legislation and guide. This is in agreement on request of due process as democratic legal process and will contribute to the achievement of legislative purpose of APCVS - educating and leading of student perpetrator.