학교폭력 대응절차의 문제점과 개선방안에 대한 제언

The enactment of the "School Violence Prevention and Countermeasures Act" in 2004 and the "Comprehensive Measures to Eradicate School Violence" and the "Basic Plan for Prevention and Countermeasures of School Violence" based on it have been supplemented several times, but there still seems to be no tangible effect in preventing and responding to school violence. As the risk of school violence has been greatly highlighted from some serious issues that have become social issues in the past, public attention is focused and policies at the national level are being established, but their effectiveness has not been secured. Problems such as ambiguity of the concept of school violence, lack of protection of victims, adequacy of the perpetrator's action, fairness of the case handling process, and professionalism, which have been pointed out in many previous studies on school violence, are continuing, and other problems arise in the field in terms of the differentiation of the on-campus organization and the Office of Education's School Violence Countermeasures Review Committee in 2020, the action of victims and abusers from the introduction of zero center operation in 2024, and relationship recovery and dispute settlement. First of all, the ambiguity of the concept of school violence, which is considered the primary, has not yet been established, increasing the gap in perception of school violence, the rate of reporting school violence, and causing confusion in handling cases in internal and external procedures. The process of handling cases, which is divided into schools and offices of education, appears to be a problem that lacks transparency and objectivity in the process of forming and operating a dedicated organization, investigating cases through dedicated investigators, and resolving them by the principal's own termination, and losing effectiveness due to lack of legal basis to recognize the authority and effectiveness of the subject. In the deliberation process of the Office of Education, there are structural problems that lack expertise in the composition and operation of the deliberation committee, and excessive or abused measures are taken due to the protection of victims and punishment of perpetrators. In addition, it is important to prevent school violence in advance and restore relationships by creating an educational environment, but the life guidance system such as conflict mediation and relationship improvement in schools is insufficient, and the dispute mediation system within the Office of Education is not functioning properly. As a way to improve these problems, it is difficult to specifically standardize the aspect of all actions in order to establish the concept of school violence, but it is necessary to subdivide the types of actions to set the criteria for importance. Therefore, in serious cases, the assignment of dedicated investigators should be mandatory to reduce the burden of on-campus work, secure objectivity, expertise, and speed of case investigations, and in minor cases that can be resolved at the discretion of the principal's education, regulations should be prepared to guarantee the procedure and authority. On the other hand, dedicated organizations and deliberation committees need to prepare detailed standards for their composition and operation to enhance objectivity, fairness, and expertise, and to diversify measures in related regulations and strengthen discretion and authority in making action decisions so that judgment and action decisions can be made flexibly and effectively. In addition, in order for the legal system and policy related to school violence to be effective, not only the protection of victims, but also the leadership of perpetrators and the mediation of disputes must be balanced, which should be carried out through national interest and participation under the leadership of the government, not through efforts by unit schools or local communities.