학교폭력예방법 제17조 제1항의 해석․적용과 가해학생의 인권보호를 위한 구체적 방안 연구

This study focus on Ministry of Education’s interpretation attitude about the first clause of article 17 of School Violence Prevention Act, for protection of human rights of wrongdoer students propose specific alternative, therefore this study is to provide a theoretical basis that can change the existing attitude of administrative interpretation. The first clause of Article 17 of the School Violence Prevention Act stipulates measures to be taken against students who perpetrate school violence. Article 19 of the Enforcement Decree of this Act sets the application standards for each measure for the wrongdoer students set by the Act, and the Minister of Education determines and announces more detailed standards. When the Ministry of Education applies the provisions of the first clause of Article 17 of the School Violence Prevention Act in practice, the measures under the first clause of Article 17 of the Act are not punitive measures but lead and educational measures. In order to achieve the educational purpose, the first clause of Article 17 of the Act interprets it as possible in principle. As can be confirmed through the case of the thesis, according to the administrative interpretation of the Ministry of Education, the human rights of the wrongdoer students have been infringed by the abuse of leading and educational measures prescribed by the law without any doubt about the illegality in the handling of school violence cases. Of course, with the recent revision of the law, the Deliberation Committee installed in the Office of Education Support decided to take action against wrongdoer students, so I think the system is being improved in a desirable way. Unless the Ministry of Education's administrative interpretation regarding practical application is changed, human rights violations against the wrongdoer students will continue. The Ministry of Education must change the existing interpretation of the first clause of Article 17 of the School Violence Prevention Act so that the human rights of the wrongdoer students are not violated illegally and unjustly in determining education, guidance, and disciplinary action against the wrongdoer. Even if the Ministry of Education strictly interprets and enforces the law, there is no room for any illegal or unreasonable problems. Rather, it fulfills its legal responsibility by enforcing the law in line with the legislative purpose of the School Violence Prevention Act. The legislative purpose of the School Violence Prevention Act is not to take measures (discipline) against the wrongdoer students, but to lead and educate both the victims and the wrongdoer students as healthy members of society. Therefore, it is natural to protect the human rights of the wrongdoer students by ensuring that measures are also taken within the scope of the law at the leading and educational level. In addition, at the legislative level, it is necessary to ensure clarity of legal text and maintain uniformity in interpretation and application by deleting the expressions in parentheses expressed in the main text of the first clause of Article 17 of the Current School Violence Prevention Act.