ACT ON THE PREVENTION OF AND COUNTERMEASURES AGAINST VIOLENCE IN SCHOOLS

Article 1(Purpose) #

The purpose of this Act is to protect the human rights of students and raise students as healthy members of society through the protection of victim students, the guidance and education of aggressor students, and mediation between victim students and aggressor students, by providing for matters necessary for the prevention of and countermeasures against violence in schools.

Article 2(Definitions) #

The definitions of the terms used in this Act shall be as follows: <Amended on May 8, 2009; Jan. 26, 2012; Mar. 21, 2012; Mar. 23, 2021; Oct. 24, 2023; Jan. 31, 2025>

1. "School violence" means any action committed against students inside or outside of school premises resulting in a physical or mental injury, or damage to property through a battery, assault, confinement, threat, kidnapping, abduction, defamation, insult, extortion, coercion, forced errand, sexual violence, bullying, cyber violence, etc.;

1-2. "Bullying" means any form of constant or repeated actions whereby at least two students inflict physical or emotional harm on a specific student or a specific group of students inside or outside of school premises, and then inflict pain thereon;

1-3. "Cyber violence" means bullying committed against students using information and communications networks (referring to information and communications networks under Article 2(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection), the production or distribution of deepfake videos, etc. (referring to filmed materials, video clips, or audio recordings edited, synthesized, or processed using artificial intelligence technology, etc. in a form that may induce sexual desire or offense against a student's face, body, or voice), and other acts accompanied by physical, mental, or property damage;

2. "School" means an elementary school, a middle school, a high school, a special school, and various schools as defined in Article 2 of the Elementary and Secondary Education Act and a school operated pursuant to Article 61 of the aforesaid Act;

3. "Aggressor student" means a student who commits school violence or who takes part in such violence among aggressors;

4. "Victim student" means a student who has sustained an injury resulting from school violence;

5. "Disabled student" means a student requiring special education stipulated in Article 15 of the Act on Special Education for Persons with Disabilities, Etc. due to a physical, mental, or intellectual impairment.

Article 3(Duty of due care in interpretation and application) #

Due care shall be exercised to avoid any undue infringement on citizens' rights in interpreting and applying this Act. <Amended on Mar. 23, 2021>

Article 4(Responsibilities of the State and local governments) #

(1) The State and each local government shall prepare legal and institutional systems necessary for surveys, research, education, and enlightenment for the purposes of preventing and eradicating school violence.

(2) The State and each local government shall encourage youth-related organizations and other non-governmental organizations to conduct autonomous activities for the prevention of school violence, the protection of victim students, and the guidance and education of aggressor students.

(3) The State and each local government shall endeavor to reflect recommendations of youth-related organizations and non-governmental organizations under paragraph (2) in relevant policies.

(4) The State and each local government shall provide administrative and financial support for fulfilling the responsibilities stipulated under paragraphs (1) through (3). <Amended on Mar. 21, 2012>

Article 5(Relationships with other Acts) #

(1) Regulation of school violence, protection of victim students, and measures against aggressor students shall be governed by this Act, except as otherwise expressly provided for in any other Act. <Amended on Mar. 23, 2021>

(2) Sexual violence referred to in subparagraph 1 of Article 2 shall not be governed by this Act, if applicable provisions exist in any other Act.

Article 6(Formulation of master plans) #

(1) The Minister of Education shall set the policy goals and direction-setting for the prevention of and countermeasures against school violence to efficiently achieve the purpose of this Act and shall formulate and implement a master plan for the prevention of and countermeasures against school violence (hereinafter referred to as "master plan"), subject to deliberation by the Committee for Countermeasures against School Violence established under Article 7. <Amended on Mar. 21, 2012; Mar. 23, 2013>

(2) A master plan shall be formulated every 5 years, including the following matters; in such cases, the Minister of Education shall collect opinions from the relevant central administrative agencies, the superintendents of education (hereinafter referred to as "superintendents of education") of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Dos, Special Self-Governing Province (hereinafter referred to as "City/Do"), etc. <Amended on Mar. 21, 2012; Mar. 23, 2013; Jan. 21, 2025>

1. Surveys, research, education, and enlightenment for eradicating school violence;

2. Assistance in treatment, rehabilitation, etc. of victim students;

3. Cooperation and assistance between administrative agencies and educational institutions in relation to school violence;

4. Placement of professional school counselors referred to in Article 14(1), and administrative and financial support therefor;

5. Administrative and financial support for youth-related organizations (hereinafter referred to as "specialized organization") or experts that engage in the prevention of school violence, the cure of victim students, and the education of aggressor students;

6. Other matters necessary for the prevention of and countermeasures against school violence.

(3) The superintendent of education shall formulate and implement an implementation plan for the prevention of and countermeasures against school violence in a City/Do (hereinafter referred to as "implementation plan") each year in consideration of the details of the master plan and the circumstances of the relevant region, such as the results of fact-finding surveys on school violence under Article 11(8), etc. <Added on Jan. 21, 2025>

(4) The superintendent of education shall publicly announce the results of implementation according to the implementation plan for the previous year and the implementation plan for the following year each year, as prescribed by Presidential Decree. <Added on Jan. 21, 2025>

Article 6-2(Operation of specialized educational institutions and center for responding to school violence) #

(1) The State may establish and operate a specialized educational institution that conducts the operation, research, education, etc. of protection facilities for the healing and recovery of students.

(2) The State may designate and operate a center for the effective prevention of and response to school violence (hereinafter referred to as "school violence prevention center").

(3) Matters concerning the establishment and operation of specialized educational institutions under paragraph (1) and the designation and operation of school violence prevention centers under paragraph (2) shall be prescribed by Presidential Decree.

[This Article Added on Oct. 24, 2023]

Article 7(Establishment and functions of Committee for Countermeasures against School Violence ) #

A Committee for Countermeasures against School Violence (hereinafter referred to as the "Countermeasure Committee") shall be established under the jurisdiction of the Prime Minister to deliberate on the following matters concerning the prevention of and countermeasures against school violence: <Amended on Mar. 21, 2012; Aug. 20, 2019>

1. Evaluation of the formulation and implementation of a master plan for the prevention of and countermeasures against school violence;

2. Matters requested by the head of a related central administrative agency or the head of a local government in relation to school violence;

3. Matters requested by an office of education, a regional committee for countermeasures against school violence under Article 9, a regional coordination committee for countermeasures against school violence under Article 10-2, a deliberative committee to deal with school violence under Article 12, a specialized organization, or an expert specializing in school violence.

[Title Amended on Mar. 21, 2012]

Article 8(Composition of Countermeasure Committee) #

(1) The Countermeasure Committee shall be comprised of not more than 20 members, including two chairpersons.

(2) The Prime Minister and a person commissioned by the President, from among those who have abundant knowledge and experience in countermeasures against school violence, shall be co-chairpersons, but a committee member designated by the Prime Minister shall act on behalf of co-chairpersons, if both of co-chairpersons are unable to perform their duties due to an extenuating circumstance.

(3) Committee members shall be commissioned by the President, from among the following persons; provided, a person falling under subparagraph 1 shall be commissioned as an ex officio member: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 1, 2025>

1. Minister of Finance and Economy, Minister of Science and ICT, Minister of Education, Minister of Justice, Minister of the Interior and Safety, Minister of Culture, Sports and Tourism, Minister of Health and Welfare, Minister of Gender Equality and Family, Minister of Planning and Budget, Chairperson of the Broadcasting, Media and Communications Commission, and Commissioner General of the National Police Agency;

2. Each one person recommended by each of the committee members listed in subparagraph 1, from among experts with abundant knowledge and experience in countermeasures against school violence;

3. A Grade III public official of a relevant central administrative agency or a member of the Senior Executive Service in charge of affairs related to youth or medical care;

4. A current or former assistant professor or a person who is or was in a higher or equivalent position at a college or university or an officially recognized research institute who has expertise in school violence issues, counseling, or psychology related to such issues;

5. A judge, prosecutor, or attorney-at-law;

6. An expert in charge of activities for the protection of youth for at least five years in a specialized organization;

7. A person who is licensed as a medical doctor;

8. A parent who has abundant experience in the activities of a school steering committee or activities for the protection of youth.

(4) The term of office of each committee member, including chairpersons, shall be two years, renewable for only one further term. <Amended on Mar. 23, 2021>

Article 9(Establishment of regional committees for countermeasures against school violence) #

(1) Each City/Do shall establish a regional committee for countermeasures against school violence (hereinafter referred to as "regional committee") to resolve school violence issues. <Amended on Jan. 26, 2012>

(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and a Special Self-Governing Province Governor shall consult with the superintendent of education on the operation and activities of the regional committee and may establish a working committee for the efficient operation thereof. <Amended on Jan. 26, 2012; Jan. 21, 2025>

(3) Each regional committee shall be comprised of no more than 11 members, including one chairperson.

(4) Matters necessary for the organization and operation of regional committees and working subcommittees under paragraph (2) shall be prescribed by Presidential Decree.

Article 10(Functions of regional committees for countermeasures against school violence) #

(1) A regional committee shall formulate regional measures to prevent school violence (hereinafter referred to as "preventive measures") each year in accordance with the master plan. In such cases, the details of the implementation plan shall be included in the preventive measures. <Amended on Jan. 21, 2025>

(2) A regional committee shall submit to the Minister of Education the results of implementation of the preventive measures for the previous year and the preventive measures for the following year each year, as prescribed by Presidential Decree. <Added on Jan. 21, 2025>

(3) Other matters necessary for the formulation, implementation, etc. of preventive measures shall be prescribed by Presidential Decree. <Added on Jan. 21, 2025>

(4) A regional committee may request the superintendent of education and the commissioner of a City/Do police agency to provide relevant data on school violence in the relevant area. <Amended on Dec. 22, 2020; Jan. 21, 2025>

(5) The superintendent of education shall designate a counseling, treatment, and educational institution to be in charge of counseling, treatment, and education under Article 16(1)1 through 3 or 17(1)5 after hearing the opinions of the regional committee. <Amended on Jan. 26, 2012; Jan. 21, 2025>

(6) When the superintendent of education designates a counseling, medical treatment, and educational institution under paragraph (5), he or she shall post the name, location, and affairs of the relevant institution on the Internet homepage, and shall endeavor to inform parents of students in various ways. <Added on Jan. 26, 2012; Jan. 21, 2025>

[Title Amended on Jan. 26, 2012]

Article 10-2(Establishment and operation of regional coordination committees for countermeasures against school violence) #

(1) Each Si/Gun/Gu shall establish a regional coordination committee for countermeasures against school violence (hereinafter referred to as "regional coordination committee") to formulate measures to prevent school violence and coordinate implementation plans of each institution and plans for cooperation and assistance for each institution.

(2) Each regional coordination committee shall be comprised of approximately 20 members, including one chairperson.

(3) Other matters necessary for the organization and operation of regional coordination committees shall be prescribed by Presidential Decree.

[This Article Added on Mar. 21, 2012]

Article 11(Duties of superintendents of education) #

(1) The superintendent of education shall establish and operate a department dedicated to integrated support, including the prevention of and countermeasures against school violence and legal support, in the City/Do Office of Education. <Amended on Oct. 24, 2023>

(2) The superintendent of education may, if a case of school violence occurs in his or her jurisdiction, require the head of the school at issue or the head of the school involved to report to him or her on the course and results of said school violence.

(3) The superintendent of education shall, if a case of school violence in his or her jurisdiction is connected with a case of school violence in any region outside of his or her jurisdiction, consult with the superintendent of education having jurisdiction over the region to take appropriate countermeasures.

(4) The superintendent of education shall require the head of each school to formulate and implement an action plan for the prevention of and countermeasures against school violence.

(5) The superintendent of education shall not use the frequency of school violence in a school, which has been dealt with by a competent deliberative committee under Article 12, as negative data in the evaluation of the performance of duties of the head of the school. <Amended on Aug. 20, 2019>

(6) The superintendent of education shall take measures necessary for the transfer of a student to another school on the ground referred to in Article 17(1)8, if such transfer is required, and shall formulate measures appropriate for the healthy growth of a student, such as re-admission to another school, where the student is expelled from school under Article 17(1)9. <Amended on Jan. 26, 2012; Mar. 21, 2012>

(7) The superintendent of education shall report matters regarding the current status of violence which has occurred at schools within his or her jurisdiction and measures taken to deal with such violence to the Countermeasure Committee and the competent regional committee, and shall publish such matters. The foregoing shall also apply where a school within his or her jurisdiction is involved in any case of violence which has occurred at a school outside of his or her jurisdiction. <Amended on Jan. 26, 2012; Mar. 21, 2012>

(8) The superintendent of education shall conduct a fact-finding survey on school violence at least twice a year to identify the current status of school violence and establish effective preventive measures against school violence, and shall announce the results within 120 days from the date each fact-finding survey on school violence is completed. <Added on Mar. 21, 2012; Amended on Dec. 22, 2015; Nov. 11, 2025>

Article 11-2(Investigation and counseling on school violence) #

(1) The superintendent of education may engage in the following investigation, counseling or other affairs to prevent school violence and to take follow-up measures: <Amended on Mar. 23, 2021>

1. Providing counseling services to victim students of school violence and investigating aggressor students;

2. Investigating parents of aggressor students, if necessary;

3. Guiding the implementation of plans for the prevention of and countermeasures against school violence;

4. Cracking down on school gangs within his or her jurisdiction;

5. Visiting and inspecting private offices or private places of business to prevent school violence;

6. Conducting other necessary affairs in relation to school violence, etc.

(2) The superintendent of education may entrust an institution or organization designated by Presidential Decree with investigations, counseling or other affairs specified in paragraph (1).

(3) If necessary to engage in investigations, counseling or other affairs in accordance with paragraph (1), the superintendent of education and the head of an institution or organization entrusted under paragraph (2) may request the heads of the relevant institutions to provide cooperation thereto. <Amended on Mar. 23, 2021>

(4) The superintendent of education or the head of a district office of education delegated with the authority of the superintendent of education pursuant to Article 26(1) of the Local Education Autonomy Act deems it necessary for investigations, counseling, etc. under paragraph (1), he or she may designate relevant personnel to conduct investigations and counseling, or commission and utilize experts who have abundant knowledge and experience in investigations and counseling as school violence investigators and counselors, and may require the relevant personnel and school violence investigators and counselors to conduct on-site investigations, inspection of documents, etc., or request relevant persons, such as victim students, aggressor students, students who watched the incident, related teachers and guardians, to attend, state, cooperate in investigations and submit data. <Added on Jan. 21, 2025>

(5) The superintendent of education or the head of a district office of education under paragraph (4) may provide administrative and financial support for the operation of school violence investigators and counselors. <Added on Jan. 21, 2025>

Article 11-3(Cooperation with relevant institutions) #

(1) The Minister of Education, the superintendent of education, the head of each district office of education, or the head of each school may request the Commissioner General of the Korean National Police Agency, the commissioner of the competent City/Do police agency, the chief of the competent police station, or the head of the relevant institution to provide personal information or other data in relation to school violence. <Amended on Mar. 23, 2013; Dec. 22, 2020>

(2) Upon receipt of a request under paragraph (1), the Commissioner General of the Korean National Police Agency, the commissioner of the competent City/Do police agency, the chief of the competent police station, or the head of the relevant institution shall comply therewith, except in extenuating circumstances. <Amended on Dec. 22, 2020; Mar. 23, 2021>

(3) Matters necessary for cooperation with relevant institutions and procedures therefor under paragraphs (1) and (2) and other matters shall be prescribed by Presidential Decree.

[This Article Added on Mar. 21, 2012]

Article 11-4(Support for and exemption for persons in charge of school violence affairs) #

(1) The head of a school shall take necessary measures, such as adjusting school hours, to support the activities of responsible teachers under Article 14(3).

(2) The Minister of Education and the superintendent of education may provide necessary legal services, such as counseling services, where counseling, civil lawsuits, criminal complaints, accusations, etc. are suffered in connection with school violence through a legal support group under Article 14-2 of the Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities in order to support the activities of teachers who perform their duties to prevent and respond to school violence.

(3) If the head of the school and teachers conduct student life guidance in accordance with the Elementary and Secondary Education Act and other relevant laws and regulations to prevent and respond to school violence, the head of the school and teachers shall not be held liable for civil or criminal liability if the student life guidance is a legitimate incident of school violence or student life guidance made in compliance with relevant laws and regulations.

[This Article Added on Oct. 24, 2023]

Article 12(Establishment and functions of deliberative committees to deal with school violence) #

(1) In order to deliberate on matters regarding how to prevent and deal with school violence, a deliberative committee to deal with school violence (hereinafter referred to as "deliberative committee") shall be established in a district office of education (where a district office of education is nonexistent, referring to an institution prescribed by municipal ordinance of the relevant City/Do; hereinafter the same shall apply) under Article 34 of the Local Education Autonomy Act or Article 80 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; provided, where, in organizing a deliberative committee, reasons prescribed by Presidential Decree exist, at least two district offices of education may establish a joint deliberative committee after filing a report with the relevant superintendent of education. <Amended on Jan. 26, 2012; Aug. 20, 2019>

(2) A deliberative committee shall deliberate on the following matters regarding how to prevent and deal with school violence: <Amended on Jan. 26, 2012; Aug. 20, 2019>

1. Prevention of and countermeasures against school violence;

2. Protection of victim students;

3. Education and guidance of aggressor students and disciplinary actions thereon;

4. Mediation of disputes between victim students and aggressor students;

5. Other matters prescribed by Presidential Decree.

(3) A deliberative committee may investigate school violence that has occurred in the relevant district and request the head of the relevant school and the chief of the competent police station to provide data. <Added on Mar. 21, 2012; Aug. 20, 2019>

(4) Matters necessary for the establishment, functions, etc. of a deliberative committee shall be prescribed by Presidential Decree, taking into consideration of the size, etc. of the relevant district and the relevant district office of education. <Amended on Mar. 21, 2012; Aug. 20, 2019>

[Title Amended on Aug. 20, 2019]

Article 13(Composition and operation of deliberative committees) #

(1) A deliberative committee shall consist of not less than 10 but not more than 50 members; the parents of students attending schools (including high schools) in a district under the jurisdiction of a district office of education shall be commissioned to become members of a deliberative committee, who account for at least 1/3 of the total number of members of the deliberative committee. <Amended on May 19, 2011; Aug. 20, 2019>

(2) The chairperson of a deliberative committee shall convene a meeting in any of the following cases: <Added on May 19, 2011; Jan. 26, 2012; Mar. 21, 2012; Aug. 20, 2019>

1. Where at least 1/4 of the members registered at the deliberative committee make a request;

2. Where the head of a school makes a request;

3. Where a victim student or his or her guardian makes a request;

4. Where the occurrence of school violence is notified or reported to the committee;

5. Where the fact that an aggressor student has threatened or retaliated against a victim student is notified or reported to the committee;

6. Other cases deemed necessary by the chairperson.

(3) A deliberative committee shall prepare and keep meeting minutes stating the date, time, venue, members present, matters discussed and decisions made at the meeting, etc. <Added on May 19, 2011; Aug. 20, 2019>

(4) Where a meeting is convened pursuant to paragraph (2), the head of a district office of education (where no district office of education support exists, the head of an agency prescribed by municipal ordinance of the relevant City/Do) shall notify aggressor students, victim students, and their guardians of the following matters: <Added on Jan. 9, 2024>

1. The date, time, venue, and place of the meeting and agenda items;

2. Outcomes of meetings, including requests for measures to be taken.

(5) In the course of deliberation, the deliberative committee may require pediatric doctors, psychiatrists, psychiatrists, psychologists, and other experts related to child psychology to appear before the committee or hear their opinions in writing or by other means, and where a victim student has received counseling or medical treatment, etc., the deliberative committee may hear opinions from the relevant experts, specialists, etc. if the victim student has received counseling or medical treatment, etc.; provided, the deliberative committee shall confirm the intention of the victim student or his or her guardian and, if requested by the victim student or his or her guardian, it shall also hear their opinions. <Added on Dec. 22, 2020; Jan. 9, 2024>

Article 13-2(Self-resolution by heads of schools) #

(1) Notwithstanding Article 13(2)4 and 5, in the case of minor school violence falling under all of the following subparagraphs in which a victim student and his/her guardian do not want a meeting of the deliberative committee to be held, the head of the school may resolve the school violence case autonomously. In such cases, the head of the school shall, without delay, report the matter to the deliberative committee: <Amended on Mar. 23, 2021; Oct. 24, 2023>

1. Where a medical report certifying that at least two weeks are needed for physical or mental treatment has not been issued;

2. Where there is no damage to property, or where damage to property is immediately restored or there is a promise of restoration;

3. Where the school violence is not persistent;

4. Where it is not an act of retaliatory action (including an act using an information and communications network) against a report, statement, provision of materials, etc. on school violence.

(2) Where the head of a school intends to resolve a case pursuant to paragraph (1), he or she shall go through all of the following procedures:

1. Written confirmation of the opinion of a victim student and his or her guardian to hold a meeting of a deliberative committee;

2. Written confirmation of an exclusive unit under Article 14(3) and deliberation thereby on whether the school violence is a serious or slight one.

(3) The head of a school may recommend a program for restoring the relationship between the victim student and the aggressor student (hereinafter referred to as the "relationship restoration program"), if the victim student and his or her guardian desires to hold a deliberation committee with respect to minor school violence under paragraph (1). <Added on Oct. 24, 2023>

(4) The State and local governments may provide administrative and financial support, if necessary for the development, dissemination and operation of relationship recovery programs. <Added on Oct. 24, 2023>

(5) Other matters necessary for the self-resolution of school violence by the head of a school shall be prescribed by Presidential Decree. <Amended on Oct. 24, 2023>

[This Article Added on Aug. 20, 2019]

Article 14(Placement of professional school counselors and organization of exclusive units) #

(1) The head of each school shall install a counseling office, as prescribed by Presidential Decree, and shall assign a professional school counselor pursuant to Article 19-2 of the Elementary and Secondary Education Act.

(2) Where the head of a school or a deliberative committee makes a request, a professional school counselor shall report the results of counseling with victim students and aggressor students involved in a school violence case. <Amended on Aug. 20, 2019>

(3) The head of a school shall organize a unit exclusively responsible for school violence cases (hereinafter referred to as "exclusive unit") with a vice principal, a professional school counselor, a health teacher, a responsible teacher (referring to a teacher who takes charge of school violence cases), parents, etc. In such cases, the number of parents shall account for at least 1/3 of the number of members of the exclusive unit. <Amended on Mar. 21, 2012; Aug. 20, 2019>

(4) Where the head of a school recognizes a school violence case, he or she shall, without delay, have an exclusive unit or affiliated teachers check whether there is any wrongdoing or harm, and have the exclusive unit deliberate on whether to refer the case to self-resolution by the head of the school pursuant to Article 13-2. <Added on Aug. 20, 2019>

(5) An exclusive unit shall prepare and conduct fact-finding surveys on school violence (hereinafter referred to as "fact-finding survey") and programs for the prevention of school violence, and shall report the findings from surveys or other activities conducted in connection with school violence upon receipt of a request from the head of the school or the deliberative committee. <Amended on Mar. 21, 2012; Aug. 20, 2019>

(6) A victim student or his or her guardian may request an exclusive unit to conduct a fact-finding survey to ascertain the fact of damage. <Added on May 8, 2009; Mar. 21, 2012>

(7) The State and local governments shall grant subsidies from the budget necessary for fact-finding surveys, and related administrative agencies shall cooperate in fact-finding surveys, and the head of a school may provide administrative and financial support to the relevant exclusive unit. <Amended on May 8, 2009; Mar. 21, 2012; Aug. 20, 2019>

(8) An exclusive unit may entrust a specialized institution with a fact-finding survey of sexual violence cases or other special school violence cases, if necessary to ensure expertise in such fact-finding survey. In such cases, the exclusive unit shall entrust such fact-finding survey in the name of the head of the relevant school after deliberation thereon by the chairperson of the relevant deliberative committee. <Added on Jan. 26, 2012; Mar. 21, 2012; Aug. 20, 2019>

Article 15(Education for prevention of school violence) #

(1) The head of each school shall provide educational programs (including the following: what school violence is, how widespread it is, and how to deal with it) to students at least once a semester for the physical and mental protection of students and the prevention of school violence. <Amended on Jan. 26, 2012>

(2) The head of each school shall provide educational programs to school staff and parents of students at least once a semester for the prevention of and countermeasures against school violence. <Amended on Mar. 21, 2012>

(3) In order to prevent school violence, the head of a school may determine and operate necessary matters so that school members, such as teachers, students, and parents, can recognize and practice responsibility for school violence in order to prevent school violence. <Added on Oct. 24, 2023>

(4) The head of a school may entrust the organization, operation, etc. of educational programs for the prevention of school violence under paragraph (1) to a specialized organization or expert after consulting with a dedicated organization. <Amended on Oct. 24, 2023>

(5) The head of a district office of education shall endeavor to promote participation of parents by promoting the organization and operation plans of educational programs for the prevention of school violence pursuant to paragraphs (1), (2), and (4) via text messages using mobile phones, posts on the Internet website, and other various ways so that parents can easily check them. <Amended on Jan. 26, 2012; Oct. 24, 2023>

(6) The Minister of Education may produce promotional videos on the prevention of school violence and countermeasures against school violence, distribute them to broadcasting business entities defined in subparagraph 3 of Article 2 of the Broadcasting Act, and request them to broadcast them. <Added on Oct. 24, 2023>

(7) Other matters concerning the implementation of educational programs for the prevention of school violence shall be prescribed by Presidential Decree. <Amended on May 19, 2011; Oct. 24, 2023>

[Title Amended on May 19, 2011]

Article 16(Protection of victim students) #

(1) If deemed necessary for the protection of a victim student, a deliberative committee may request the head of a district office of education (where the head of a district office of education is nonexistent, referring to the head of an institution prescribed by municipal ordinance of the relevant City/Do pursuant to Article 12(1); hereinafter the same shall apply) to take any of the following measures (including where the head of the relevant district office of education is requested to take multiple measures simultaneously) for the protection of the victim student; provided, where the head of a school recognizes a school violence case, he or she shall separate an aggressor (including a teacher) without delay, except in any extenuating circumstance prescribed by Presidential Decree, including dissenting of the victim student or where the victim student makes a request for urgent protection, he or she may take measures under subparagraphs 1 through 2 and 6; in such cases, he or she shall immediately report thereon to the deliberative committee: <Amended on Mar. 21, 2012; Apr. 18, 2017; Aug. 20, 2019; Dec. 22, 2020; Amended on Mar. 23, 2021; Oct. 24, 2023>

1. Psychological counseling or advice by experts from within and outside school;

2. Temporary protection;

3. Treatment and recuperation for treatment;

4. Change of class;

5. Deleted; <Mar. 21, 2012>

6. Other measures necessary for the protection of a victim student.

(2) A deliberative committee shall provide a victim student and his or her guardian with an opportunity to state opinions and shall follow due process prior to filing a request to take measures under paragraph (1). <Added on Mar. 21, 2012; Aug. 20, 2019>

(3) Upon receipt of a request under paragraph (1), the head of a district office of education shall take measures as requested, within seven days, with consent from the guardian of the victim student. <Amended on Mar. 21, 2012; Aug. 20, 2019>

(4) When necessary for a student requiring a protective measure under paragraph (1), the head of a school may include in the number of days of his/her attendance the number of days of the student's absence necessary for such measure. <Amended on Mar. 21, 2012; Mar. 23, 2021>

(5) The head of a school shall endeavor to keep a student from being prejudiced due to a measure taken under paragraph (3) in evaluating academic achievements. <Amended on Mar. 21, 2012; Mar. 23, 2021>

Article 16-2(Protection of disabled students) #

(1) No one shall commit school violence against a disabled student on the ground of his or her disability.

(2) Where a victim student or aggressor student is a disabled student, the deliberative committee may require experts in special education, such as special education teachers under subparagraph 4 of Article 2 of the Act on Special Education for Persons with Disabilities, Etc., or experts on persons with disabilities to attend the deliberation course or hear their opinions in writing, etc. <Added on Dec. 22, 2020>

(3) A deliberative committee may request the head of a school to take measures of counseling by a counselor specializing in disabled persons or recuperation in an institution specializing in treating disabled persons to protect a disabled student injured by school violence. <Amended on Aug. 20, 2019; Dec. 22, 2020>

(4) Upon receipt of a request under paragraph (3), the head of a school shall take measures as requested. Article 16(6) shall apply mutatis mutandis to such cases. <Amended on Mar. 21, 2012; Dec. 22, 2020>

[This Article Added on May 8, 2009]

Article 16-3(Support intermediaries for victim students) #

(1) The superintendent of education or the head of a district office of education may designate an intermediary who connects legal services, counseling, protection, etc. necessary for victim students and support institutions (hereinafter referred to as "support intermediaries for victim students") in order to support victim students.

(2) The superintendent of education or the head of a district office of education shall provide administrative and financial support for the operation of support intermediaries for victim students.

(3) Matters concerning the designation and operation of support intermediaries for victim students shall be prescribed by Presidential Decree.

[This Article Added on Oct. 24, 2023]

Article 16-4(Support for victims of cyber violence) #

(1) The State may provide support for the deletion of filmed materials, video clips, audio recordings, replicas, edited materials, composite materials, processed materials, personal information, false facts, etc. (hereinafter referred to as "filmed materials, etc." in this Article) for students who have suffered damage (referring to damage suffered by becoming a subject of filmed materials, etc.) due to the distribution of such materials through information and communications networks. <Amended on Jan. 31, 2025>

(2) A victimized student under paragraph (1), his or her legal guardian, or an agent designated by the victimized student or the legal guardian (hereinafter referred to as "requester for deletion support" in this Article) may request the State to provide support for the deletion of filmed materials, etc. In such cases, the requester for deletion support shall request deletion support by meeting the requirements prescribed by Presidential Decree. <Amended on Mar. 18, 2025>

(3) Notwithstanding paragraph (2), the superintendent of education or the head of a district office of education may request the State and local governments to provide support for deletion under Article 7-3(3) of the Act on the Protection of Children and Youth against Sex Offenses, even without a request from a requester for deletion support, regarding child or adolescent sexual exploitation material under subparagraph 5 of Article 2 of the Sexual Violence Prevention and Victims Protection Act. <Added on Mar. 18, 2025>

(4) Expenses incurred in supporting the deletion of filmed materials, etc. under paragraph (1) shall be borne by the student who committed cyber violence or his or her legal guardian. <Amended on Mar. 18, 2025>

(5) Where the State has disbursed expenses incurred in supporting the deletion of filmed materials, etc. pursuant to paragraph (1), it may exercise the right to claim reimbursement against the student who committed cyber violence or his or her legal guardian. <Amended on Mar. 18, 2025>

(6) Matters necessary for the details and methods of supporting the deletion of filmed materials, etc. under paragraphs (1) and (2), and the procedures and methods for exercising the right to claim reimbursement under paragraph (5) shall be prescribed by Presidential Decree. <Amended on Mar. 18, 2025>

[This Article Added on Oct. 24, 2023]

Article 17(Measures on aggressor students) #

(1) A deliberative committee shall request the head of a district office of education to take any of the following measures (including where the head of a district office of education is requested to take multiple measures simultaneously) on an aggressor student in order to protect a victim student or to guide the aggressor student to the right path and teach him/her the right way, and the criteria for applying the measures shall be prescribed by Presidential Decree: Provided, That expulsion from school shall not apply to an aggressor student enrolled in the compulsory education system: <Amended on May 8, 2009; Jan. 26, 2012; Mar. 21, 2012; Aug. 20, 2019; Mar. 23, 2021; Oct. 24, 2023>

1. An order to give a written apology to a victim student;

2. Prohibition against making contact with, threatening, or retaliation (including any act that uses information and communications networks) against a victim student and a student who has reported, or notified, school violence;

3. Service to a school;

4. Service to the society;

5. Completing a special educational course or receiving psychological treatment from experts from within and outside school and an institution designated by the superintendent of education;

6. Suspension of attendance;

7. Change of class;

8. Transfer to another school;

9. Expulsion from school.

(2) If a deliberative committee requests the head of a district office of education to take measures on an aggressor student in accordance with paragraph (1) on the ground that the aggressor student has threatened or retaliated (including any act that uses information and communications networks) against a victim student or a student who has reported, or notified, school violence, it may take multiple measures under subparagraphs 6 through 9 of that paragraph simultaneously or heavier measures. <Added on Mar. 21, 2012; Aug. 20, 2019; Mar. 23, 2021; Oct. 24, 2023>

(3) An aggressor student upon whom an administrative measure falling under paragraph (1)2 through 4 and 6 through 8 is imposed shall receive special education or psychological treatment in an institution (including alternative educational institutions) designated by the competent superintendent of education, and the period of such education or treatment shall be set by the deliberative committee. <Amended on Jan. 26, 2012; Mar. 21, 2012; Aug. 20, 2019; Oct. 24, 2023>

Article 17-2(Administrative appeals) #

(1) If a victim student or his or her guardian has an objection to a measure that the head of a district office of education has taken pursuant to Articles 16 (1) and 17 (1), he or she may file an administrative appeal under the Administrative Appeals Act. <Added on Mar. 21, 2012; Nov. 28, 2017; Aug. 20, 2019>

(2) If an aggressor student or his or her guardian has an objection to a measure that the head of a district office of education has taken under Article 17(1), he or she may file an administrative appeal under the Administrative Appeals Act. <Amended on Nov. 28, 2017; Aug. 20, 2019>

(3) The Administrative Appeals Commission shall notify the victim student, his or her guardian, and the school to which the victim student belongs of the fact that an administrative appeal is filed under paragraph (2) and shall give written notice of matters concerning participation in the appeal under Article 20 of the Administrative Appeals Act. <Added on Oct. 24, 2023>

(4) The Administrative Appeals Act shall apply mutatis mutandis to matters necessary for filing an administrative appeal under paragraphs (1) and (2). <Amended on Aug. 20, 2019; Oct. 24, 2023>

(5) Deleted. <Aug. 20, 2019>

(6) Deleted. <Aug. 20, 2019>

[This Article Added on Jan. 26, 2012]

[Title Amended on Aug. 20, 2019]

Article 17-3(Administrative litigation) #

(1) A victim student or his or her guardian who has an objection to a measure taken by the head of a district office of education pursuant to Articles 16(1) and 17(1) may file an administrative litigation under the Administrative Litigation Act.

(2) The aggressor student or his or her guardian who has an objection to the measures taken by the head of a district office of education pursuant to Article 17(1) may file an administrative litigation under the Administrative Litigation Act.

(3) The head of a district office of education shall notify a victim student, aggressor student, their guardians, and the school to which they belong of the fact that an administrative litigation has been filed under paragraphs (1) and (2) and shall give written notice of matters concerning participation in the litigation under Article 16 of the Administrative Litigation Act.

(4) The Administrative Litigation Act shall apply mutatis mutandis to matters necessary for filing administrative litigation under paragraphs (1) and (2).

[This Article Added on Oct. 24, 2023]

Article 17-4(Suspension of execution) #

(1) Where the Administrative Appeals Commission or a court intends to decide to suspend the execution of a measure under Article 17(1) under Article 30 of the Administrative Appeals Act or Article 23 of the Administrative Litigation Act, it shall hear the opinions of the victim student or his or her guardian; provided, where the victim student or his or her guardian clearly expresses that he or she will renounce the opportunity to state his or her opinion, he or she may choose not to hear his or her opinions.

(2) Where the superintendent of education or the head of the district office of education is notified by an administrative appeals commission or the court of the fact that an application for suspension of execution has been filed and the results thereof, he or she shall notify the victim student, his or her guardian, and the school to which the victim student or the student is affiliated of such fact and the results thereof.

(3) Where an application for suspension of execution of a measure under Article 17(1) is cited, a victim student and his or her guardian may request the head of a school to separate them from an aggressor student, and the head of the school shall separate the aggressor student from the victim student after deliberation by a dedicated organization.

(4) Matters necessary for the procedures, methods, exceptions, etc. for hearing opinions under paragraph (1) shall be prescribed by Presidential Decree in cases of suspension of execution under Article 30 of the Administrative Appeals Act, and by the Supreme Court Regulations in cases of suspension of execution under Article 23 of the Administrative Litigation Act.

[This Article Added on Oct. 24, 2023]

Article 17-5(Provisions concerning trial period) #

Where an aggressor student or his/her guardian who has an objection to a measure taken by the head of a district office of education pursuant to Article 17(1) files an administrative litigation under the Administrative Litigation Act, the administrative litigation case shall be rendered expeditiously in preference to other trials; in the first instance, the judgment shall be pronounced within 90 days from the date the lawsuit is instituted, and in the second instance and the third instance, within 60 days from the date on which the judgment of the previous instance is pronounced.

[This Article Added on Oct. 24, 2023]

Article 18(Mediation of disputes) #

(1) A deliberative committee may mediate a dispute arising in connection with school violence. <Amended on Aug. 20, 2019>

(2) The duration of mediation of a dispute under (1) shall not exceed one month.

(3) The mediation of a dispute arising in connection with school violence shall include the following matters: <Amended on Aug. 20, 2019>

1. Mediation for the settlement of a dispute regarding compensation for damage between a victim student and an aggressor student or between their guardians;

2. Other matters deemed necessary by the deliberative committee.

(4) If a deliberative committee deems necessary for the mediation of a dispute, it may investigate into matters relevant to the school violence case with the cooperation of related authorities. <Amended on Aug. 20, 2019>

(5) If a deliberative committee intends to mediate a dispute, it shall notify its intention to the victim student, the aggressor student, and their guardians. <Amended on Aug. 20, 2019>

(6) If a dispute arises between students belonging to different district offices of education within the jurisdiction of a City/Do office of education, the superintendent of education shall directly mediate the dispute. In such cases, paragraphs (2) through (5) shall apply mutatis mutandis thereto. <Amended on Aug. 20, 2019>

(7) If a dispute arises between students belonging to different City/Do offices of education, the superintendent of education having authority to supervise the victim student shall mediate the dispute directly, after consulting with the superintendent of education having authority to supervise the aggressor student involved in the case. In such cases, paragraphs (2) through (5) shall apply mutatis mutandis thereto. <Amended on Aug. 20, 2019>

Article 19(Duties of heads of schools) #

(1) The heads of schools shall cooperate in implementing the measures under Articles 16, 16-2, and 17.

(2) The heads of schools shall not underreport or conceal school violence cases.

(3) The head of a school shall report to the competent superintendent of education on the fact that school violence cases have occurred, on the cases resolved autonomously by himself or herself pursuant to Article 13-2, on the measures taken pursuant to Articles 16, 16-2, 17, and 18, and the results thereof, and endeavor to prevent the formation of school gangs and to disband such school gangs with the cooperation of related authorities.

(4) Where necessary to prevent school violence, the head of a school shall endeavor to detect and cope with school violence in an early manner, such as investigating the current status of school violence in the relevant school, if necessary. <Added on Oct. 24, 2023>

[This Article Wholly Amended on Aug. 20, 2019]

Article 20(Duties to report cases of school violence) #

(1) A person who witnesses the scene of a case of school violence or becomes aware of such case shall immediately report it to a school involved or related authorities.

(2) Upon receipt of a report filed under paragraph (1), the authorities shall give notice thereof to the guardians of the aggressor student and the victim student and the heads of the schools in which such students are enrolled. <Amended on May 8, 2009>

(3) The head of a school in receipt of a notice under paragraph (2) shall, without delay, notify the deliberative committee thereof. <Added on May 8, 2009; Aug. 20, 2019>

(4) Anyone who is aware that someone prepares or conspires school violence, etc. may accuse him or her of such deed to the head of a school involved or a competent deliberative committee; provided, where a teacher is aware of such deed, he or she shall report it to the head of the school involved, and notify the parents of students involved thereof. <Amended on May 8, 2009; Jan. 26, 2012; Aug. 20, 2019>

(5) No person shall unfairly prejudice a person who has reported school violence in accordance with paragraphs (1) through (4) on any ground related to such reporting. <Added on Mar. 21, 2012>

Article 20-2(Installation of emergency telephone lines) #

(1) The State and each local government shall install emergency telephone lines in order to receive reports on school violence and respond to requests for counseling at anytime.

(2) The State and each local government may entrust an agency or organization designated by Presidential Decree with the installation and operation of emergency telephone lines under paragraph (1). <Added on Jan. 26, 2012>

(3) Matters necessary for the installation and operation of emergency telephone lines under paragraph (1) and the entrustment thereof under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Jan. 26, 2012>

[This Article Added on May 8, 2009]

Article 20-3 #

Deleted. <Oct. 24, 2023>

Article 20-4(Use of information and communications networks) #

(1) If necessary, the State, a local government or the superintendent of education may use information and communications networks to efficiently perform duties concerning the protection of school violence.

(2) If a school or student (including his or her parents) does an act concerning the prevention of school violence via information and communications networks pursuant to paragraph (1), the State, the competent local government or the competent superintendent of education may grant subsidies to help cover all or part of any of the following expenses:

1. Expenses incurred by the school or student (including his or her parents) in purchasing or using telecommunications facilities and equipment;

2. Telecommunications service fees charged to a school or student (including his or her parents).

(3) Matters necessary for the use of information and communications networks and other matters shall be prescribed by Presidential Decree.

[This Article Added on Mar. 21, 2012]

Article 20-5(Assignment of school guards) #

(1) The State, a local government, or the head of a school may assign school guards in each school to protect school violence.

(2) None of the following persons shall become a school guard: <Added on Jul. 30, 2013; Mar. 23, 2021>

1. Any person who falls under any subparagraph of Article 33 of the State Public Officials Act;

2. Any person who has been sentenced to a fine imposed by a court for committing a sex crime against children and youths under the Act on the Protection of Children and Youth against Sexual Abuse or a sexual violence crime under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and for whom ten years have not passed since the sentence was made definite; or who has been punished by imprisonment without labor or heavier punishment, or medical treatment and custody for committing such crime and for whom 10 years have not passed from the date on which the punishment was completed or suspended, or the date on which an exemption from the punishment was made definite;

3. An owner or employee of a business establishment which is off-limits to juveniles or prohibited to employ juveniles under subparagraph 5a3) and 7) through 9) of Article 2 of the Youth Protection Act.

(3) The State, a local government, or the head of a school may entrust affairs concerning assignment and use of school guards under paragraph (1) to a related specialized institution or organization.

(4) A specialized institution or organization entrusted with affairs concerning assignment and use of school guards pursuant to paragraph (3) shall fully consult about conducting such affairs with the head of a school. <Amended on Jul. 30, 2013; Mar. 23, 2021>

(5) The State, a local government, or the head of a school may inquire of the Commissioner General of the Korean National Police Agency about criminal records of a person it/he or she intends to assign as a school guard with consent from such person. <Added on Jul. 30, 2013>

(6) A specialized institution or organization entrusted with affairs concerning assignment and use of school guards pursuant to paragraph (3) may request the State, a local government, or the head of a school that has entrusted the relevant affairs to inquire about criminal records of a person it intends to assign as a school guard. <Added on Jul. 30, 2013>

(7) Any person who intends to become a school guard shall submit a letter of confirmation that he or she does not fall under any subparagraph of paragraph (2) to the State, a local government, or the head of a school. <Added on Jul. 30, 2013>

Article 20-6(School police officer) #

(1) The State may assign police officers in charge of affairs related to school violence to prevent or eradicate it.

(2) Matters necessary for managing school police officers under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Added on Nov. 28, 2017]

[Previous Article 20-6 moved to Article 20-7 <Nov. 28, 2017>]

Article 20-7(Integrated control of cctv systems) #

(1) The State and local governments may integrate and control visual data processing devices (referring to fixed visual data processing devices defined in subparagraph 7 of Article 2 of the Personal Information Protection Act; hereafter in this Article the same shall apply) installed inside and outside schools in consultation with the superintendent of education in order to effectively perform affairs concerning the prevention of school violence. In such cases, the State and local governments shall process only the minimum amount of personal information within the scope necessary for the purpose of integrated control and shall not utilize it for any purpose other than the originally intended purpose of control. <Amended on Mar. 14, 2023>

(2) The State or a local government that intends to control visual data processing devices in an integrated manner pursuant to paragraph (1) shall seek opinions from relevant experts and interested parties by holding public hearings or seminars or following other procedures prescribed by Presidential Decree.

(3) If visual data processing devices installed in or outside of a school premise are controlled in an integrated manner pursuant to paragraph (1), the operator of such visual data processing devices shall take measures under Article 25(4) of the Personal Information Protection Act to notify the party to visual data processing devices as to the integrated control of such visual data processing devices.

(4) Except as otherwise expressly prescribed by this Act, the Personal Information Protection Act shall apply to matters concerning integrated control.

(5) Matters necessary for the integrated control of visual data processing devices and other matters shall be prescribed by Presidential Decree.

[This Article Added on Mar. 21, 2012]

[Moved from Article 20-2 on Nov. 28, 2017]

Article 21(Prohibition against divulgence of confidential information) #

(1) No person who performs or performed affairs related to the prevention of and countermeasures against school violence under this Act shall divulge confidential information he/she has become aware of in the course of performing any of his/her duties or data related to aggressor students, victim students, and reporting or notifying persons under Article 20. <Amended on Jan. 26, 2012; Mar. 23, 2021>

(2) The specific scope of confidential information referred to in paragraph (1) shall be prescribed by Presidential Decree.

(3) The meetings of a deliberative committee under Articles 16, 16-2, 17, 17-2, and 18 shall not be open to the public; provided, where a victim student, aggressor student, or their guardians request that the meeting minutes be open to the public, such as perusal, duplication, etc. of the meeting minutes, the meeting minutes shall be made public except for personal information, such as the names, resident registration numbers, and addresses of the students and their family members, and the names of the committee members, etc. <Amended on May 19, 2011; Mar. 21, 2012; Aug. 20, 2019>

Article 21-2(Exceptions to Local Education Autonomy Act) #

Notwithstanding Article 35 of the Local Education Autonomy Act, the head of a district office of education may perform duties concerning the protection of victim students of school violence in high schools, guidance and education of aggressor students, mediation of disputes between victim students and aggressor students, etc. under this Act after being commissioned therewith.

[This Article Added on Aug. 20, 2019]

Article 22(Penalty provisions) #

A person who violates Article 21(1) shall be punished by imprisonment with labor for up to one year or by a fine not exceeding ten million won.

[This Article Wholly Amended on Nov. 28, 2017]

Article 23(Administrative fines) #

(1) A guardian who fails to comply with a measure imposed by a deliberative committee that he or she receive education pursuant to Article 17(13) shall be subject to an administrative fine not exceeding three million won. <Amended on Aug. 20, 2019; Oct. 24, 2023>

(2) An administrative fine under paragraph (1) shall be levied and collected by a superintendent of education as prescribed by Presidential Decree.

[This Article Added on Nov. 28, 2017]