학교폭력 사건의 분쟁해결체제 연구

Alternative dispute resolutions are desirable in cases of school violence, due to both their time and cost effectiveness, and their procedural attributes. Namely, these procedures are open to students who have committed a mistake because of immaturity and give them an opportunity to reflect on behavior, reconcile with each other, and recover or repair relationships. A section regarding dispute mediation was included in Korea’s Act on the Prevention of and Countermeasures against Violence in Schools when it was enacted in 2004, but this has not been extensively implemented in the practice of school violence cases over the last 15 years. Applying the theory of dispute systems design, this article reveals that the existing procedure of handling school violence cases was not designed to afford easy access to or use by disputing parties. Thus, this article highlights the importance of designing a dispute resolution system which is well suited to school violence cases and proposes a series of issues which must be addressed in turn during the design process. Based on the issues raised in this article, it is hoped that fundamental and systematic discussions can begin concerning the meanings and purposes of employing alternative dispute resolutions in school violence cases and the best way of designing an appropriate dispute resolution system.