판결 및 불복절차 사례를 통해 본 학교폭력예방법의 비판적 고찰

Recently, school violence has increased dramatically and people have regarded it as serious social problem. If school violence arises, school authorities hold a school violence countermeasure committee and the student offender must be taken measures according to the act on prevention of and measure against school violence. Student offenders and their parents raise objections to committee´s decisions aggressively because measures to student offenders are listed on their school record. The objection procedure includes review, administrative appeal, and administrative litigation. As a result, administrative appeals and administrative lawsuits have been increasing rapidly in order to revoke dispositions related to school violence as an objection to the school violence procedure. In this paper, I point out the problems of the Act on prevention of and measures against school violence through concrete cases of the court precedent and objection procedure. The scope of the concept of school violence should be interpreted in consideration of the whole legal system in the criminal law, but it should be judged independently according to the purpose and intent of the school violence prevention act. Although it is possible to prevent school violence from the description of the school record, it is necessary to review it in view of the continuing distortions or legal disputes. The problems of School Violence Prevention Act are that the School Violence Countermeasures Committee be held as necessary and there are no specific guidelines or standards on the composition of the committee. In the case of school violence, there is a possibility that the decision of each reviewing agency may be inconsistent due to the two different ways of the review process. As a result, the administrative appeal procedure is also proceeded in two different ways and the problem continues to arise. It is another measure to prevent school violence by properly enacting and operating School Violence Prevention Acts that are the basis of handling school violence cases. Therefore, it should be reflected in the school violence prevention act by supplementing the problems pointed out in the case of actual precedent and objection procedure.