Protection for the victim student can be requested right after the report

Victim Student Support Matters We Handle

1. Requesting Early Protection — Requests for separation, emergency protection and suspension from attendanceThe victim's side may demand separation from the offender, and if emergency protection is requested, the principal may provide counseling, temporary protection, treatment and similar measures. If the victim's side requests it, the principal may, after review by the school violence response team, impose suspension from attendance or a change of class on the offending student.Requesting separation · Requesting emergency protective measures · Requesting suspension from attendance or a change of class · Confirming that absences are recognized as attendance
2. Securing Evidence and Documenting the Harm — Materials used in both the deliberation and the investigationMessenger conversations, photos, videos, medical records, counseling records, diaries and notes show the harm and its continuity. Preserve the original files and dates, and obtain medical certificates that show the treatment period.Preserving original messenger and social media records · Securing medical certificates and counseling records · Identifying student witnesses · Recording how the harm developed
3. Responding at the Deliberation Committee — Requesting a meeting, stating opinions and expert opinionsThe victim's side may demand that the deliberation committee be convened and is given an opportunity to state opinions before measures are decided. If the victim student has received counseling or treatment, the victim's side may ask that the expert's opinion be heard, and if so requested, the committee must hear it.Deciding whether to consent to resolution by the principal · Drafting a statement of harm · Requesting that expert opinions be heard · Organizing the protective measures to request
4. After the Measures and Civil and Criminal Proceedings — Confirming compliance, challenges and damagesIf the measures are delayed or not carried out, the victim's side may report it to the superintendent of education. If the measures seem too light, an administrative appeal or lawsuit can be considered, and to recover from the harm, a criminal complaint and a damages claim can be considered.Confirming compliance with the measures · Reporting to the superintendent of education · Considering an administrative appeal or lawsuit · Criminal complaint · Claiming medical expenses and compensation for emotional distress

1. Rights of the Victim's Side

If the victim student has a disability, the opinions of special education experts or disability experts must be heard at the victim's side's request, and measures by counseling and treatment institutions specializing in disabilities may be requested (Article 16-2).

2. Choosing Between Resolution by the Principal and the Deliberation Committee

Even in a minor case, resolution by the principal is possible only when it has been confirmed in writing that the victim student and guardians do not want the deliberation committee convened (Article 13-2(2)1). If the case ends with resolution by the principal, no Article 17 measures are imposed on the offending student, so the decision should be made carefully, considering the risk of recurrence and whether an apology was made.

In minor cases where the victim's side wants the deliberation committee convened, the principal may recommend a relationship restoration program (Article 13-2(3)). Participation in the program is for the victim's side to decide, and it is not compulsory.

3. Criminal Complaints and Damages

• Criminal complaint: Assault, injury, threats, insult, defamation, sex crimes, deepfakes and similar acts can be the subject of a complaint separately from the school procedure. If the offending student is under 14, he or she is not criminally punished, but if 10 or older, the case may be handled as a protective case before the juvenile division (Article 9 of the Criminal Act, Article 4 of the Juvenile Act).
• Who can be sued for damages: The offending student who has the capacity to be held liable, guardians who neglected their duty of supervision, and in some cases the entity that established and operates the school. If the offending student lacks that capacity, the person responsible for supervision is liable (Articles 753 and 755 of the Civil Act).
• The school's liability: If a teacher neglected to deal with conflicts and bullying among students, the state or local government that established and operates the school may be liable for the resulting harm (Supreme Court Decision 2005Da16034).
• Mutual aid benefits: The principal or the victim student's guardians may, where necessary, claim mutual aid benefits directly from the School Safety Mutual Aid Association (Article 16(7)).

4. Practical Points

• A medical certificate that shows the treatment period and its connection to the incident is useful both in assessing the requirements for resolution by the principal (a medical certificate for treatment of 2 weeks or more) and in a damages claim.
• For cyber violence, preserve screen captures together with the URL, the time of posting and chat room information before posts are deleted.
• Absences due to protective measures may be counted as days of attendance if the principal recognizes them (Article 16(4)), and even before the deliberation committee meets, the principal may recognize them as attendance after confirmation by the response team (Annex 8 of the Guidelines for Preparing and Managing School Records).
• When drafting a settlement agreement, the wording should make clear how far it settles the school procedure, the criminal proceedings and the civil claims.

Key Court Decisions

Supreme Court Decision 2005Da16034, decided November 15, 2007

The Court viewed group bullying as a phenomenon in which multiple students intentionally and actively isolate or torment a student continuously and repeatedly. While it denied foreseeability of the resulting suicide, it recognized the local government's liability for the bullying harm caused by the homeroom teacher's negligence in dealing with conflicts among students.

Supreme Court en banc Decision 93Da13605, decided February 8, 1994

The Court held that even for a tort by a minor who has the capacity to be held liable, the person responsible for supervision is also liable for damages if there is a substantial causal link between that person's breach of duty and the damage, and that the burden of proof lies with the party asserting it.

Frequently Asked Questions

Related Legal Guides

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