교육기관과 사법기관 사이의 학교폭력

Prior to the 2004 enactment of Korea’s Act on the Prevention of and Countermeasures against School Violence, school violence was regarded primarily as a type of student misconduct—examples of delinquency or rule-breaking—and was addressed through conventional school disciplinary mechanisms. The 2004 law marked a significant shift: school violence came to be recognized not simply as a breach of school rules, but as a violation of broader social norms requiring formal legal intervention. Since then, the system of procedures for addressing school violence has grown increasingly complex, especially in cases where legal proceedings and school-based disciplinary processes operate in parallel. This study examines how school violence in South Korea has been understood and managed within the broader institutional context of student disciplinary measures, and subsequently analyzes the systemic problems that have emerged under the current response regime, through empirical research based on in-depth interviews with practitioners from schools, local education offices, and courts. By situating current practices in their institutional context and drawing on practitioners’ experiences, this study identifies procedural ambiguities and institutional conflicts that undermine effective responses to school violence. Drawing upon these findings, the study highlights the need to redefine procedural boundaries and institutional roles between educational and judicial bodies, as the growing tendency to handle school violence through formal legal procedures has exposed the limits of schools’ ability to manage such cases independently. The study concludes by proposing that future reforms be grounded in stronger trust and cooperation between schools and the legal system.