The level of measures is set by the facts and the degree of remorse and reconciliation

Accused Student Defense Matters We Handle

1. Fact-Confirmation Stage — The first written statement becomes the baselineThe student's written statement prepared during the school's fact-confirmation process is compared again and again in the later deliberation and investigation. Facts that are remembered should be separated from guesses, and disputed points should be written down together with supporting materials.Preparing a timeline of the incident · Securing objective materials such as messenger records and video · Identifying student witnesses · Checking the direction of the written statement
2. No-Contact Orders and Emergency Measures — Violating a measure is a ground for further measuresWhen the principal becomes aware of school violence, the principal must without delay order no contact, threats or retaliation, and if the victim's side requests it, may impose suspension from attendance or a change of class. Violating these measures can lead to separate discipline or aggravated measures.Confirming the scope of the no-contact order · Blocking contact through social media or third parties · Confirming the content and period of emergency measures · Adjusting plans for school life
3. Stating Opinions to the Deliberation Committee — Submitting evidence and attending to make statementsBefore requesting measures, the deliberation committee must give the offending student and guardians an opportunity to state their opinions. Point out factual errors in the case investigation results and submit a written opinion organizing favorable circumstances for each factor in the measures criteria.Review of the facts in the case investigation report · Drafting and submitting a written opinion · Preparing the student's and guardians' statements · Materials on letters of remorse and apology efforts · Materials on the possibility of guidance
4. After the Measures — Compliance, the school record and deciding whether to challengeOn receiving notice of the measures decision, confirm the schedule for complying with the measures and when the school record entry will be made and deleted. If there are problems with the facts or the procedure, consider an administrative appeal or lawsuit and an application for a stay of execution.Managing compliance with the measures · Completing special education · Preparing for the deletion review at graduation · Deciding whether to file an administrative appeal or lawsuit

1. The Structure of Measures Against the Offending Student

An offending student is a student who committed school violence or took part in it (Article 2(3)). Even without hitting anyone directly, a student who joined in on a group chat or participated in bullying may be found to be an offending student.

• Principal stage: Immediately upon becoming aware, a No. 2 no-contact order; in urgent cases, Nos. 1, 3, 5, 6 and 7 imposed first (ratification by the deliberation committee required); and at the victim's request, suspension from attendance or a change of class after review by the response team (Article 17(4) to (6)).
• Deliberation committee stage: The committee requests one or more of measures Nos. 1 to 9 from the superintendent, who imposes them within 14 days (Article 17(1) and (9)).
• Additional measures: A student who receives measures Nos. 2 to 4 or 6 to 8 must complete special education or psychological treatment (Article 17(3)), and the guardians must also receive education (Article 17(13)).
• Restriction after transfer: An offending student who has been transferred may not transfer back to the original school where the victim student is (Article 17(14)).

2. Criteria for Deciding Measures and Points to Explain

Even when disputing the facts, statements that blame or criticize the victim student can count against the assessment of remorse. It is best to separate what is disputed from what is accepted.

3. School Record Entries and Deletion

• The date of the superintendent's measures decision and the measures are entered in the 'school violence measures' section of the school record (Article 16-2 of the Guidelines for Preparing and Managing School Records).
• Nos. 1 to 3 are deleted upon graduation. Nos. 4 and 5 are deleted 2 years after graduation, and Nos. 6 to 8 are deleted 4 years after graduation (Article 22(2) and (3) of the Enforcement Rule of the Elementary and Secondary Education Act).
• Nos. 4 to 7 may be deleted upon graduation through review by the response team just before graduation, considering the degree of remorse and positive changes in behavior. However, a student who received measures for two or more different cases while enrolled, or for whom 6 months have not passed from the date of the measures decision to the end of February of the graduation school year, is not eligible for review (Article 18(4) and (5) of the Guidelines).
• The school record may be provided as material for admission to higher-level schools, so the older the student, the more the level of measures and the length of the entry should be considered together in setting the response strategy.

4. Procedures to Consider Together

• Criminal proceedings: A student aged 14 or older may be subject to criminal punishment, and a student aged 10 or older and under 14 may be tried in a protective case before the juvenile division (Article 9 of the Criminal Act, Article 4 of the Juvenile Act). Statements in the school procedure and statements to investigative agencies must not conflict.
• Civil liability: The guardians may also be named as defendants in the victim's side's claim for medical expenses and compensation for emotional distress. Counseling and treatment costs are in principle borne by the offending student's guardians (Article 16(6) of the School Violence Prevention Act).
• Challenges: If there is an objection to the measures, an administrative appeal under the Administrative Appeals Act or an administrative lawsuit under the Administrative Litigation Act may be filed (Article 17-2(2) and Article 17-3(2)). The deadlines are short, so record the date the notice was received.

Key Court Decisions

Supreme Court Decision 2022Du39185, decided December 1, 2022

The Court held that the effect of disciplinary measures against elementary and middle school students without an express legal basis must be interpreted strictly, and found no legal basis for including the writing of an apology letter in a 'service within the school' disciplinary measure (a discipline case under the Elementary and Secondary Education Act).

Constitutional Court Decision 2017Hun-Ba140, decided April 11, 2019

The Court held that the part of Article 17(1) of the School Violence Prevention Act allowing multiple measures to be imposed together and setting no upper limit on the period of suspension from attendance does not infringe the offending student's freedom to learn.

Frequently Asked Questions

School Violence Case Results

Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026