ENFORCEMENT DECREE OF THE ACT ON THE PREVENTION OF AND COUNTERMEASURES AGAINST VIOLENCE IN SCHOOLS
Wholly Amended by Presidential Decree No. 23689, Mar. 30, 2012
Amended by Presidential Decree No. 24002, Jul. 31, 2012
Presidential Decree No. 24102, Sep. 14, 2012
Presidential Decree No. 24423, Mar. 23, 2013
Presidential Decree No. 25375, jun. 11, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 27129, May 10, 2016
Presidential Decree No. 28110, jun. 20, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 29435, Dec. 31, 2018
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 30441, Feb. 25, 2020
Presidential Decree No. 31349, Dec. 31, 2020
Presidential Decree No. 31516, Mar. 2, 2021
Presidential Decree No. 31789, jun. 22, 2021
| Article 2 (Evaluation of Performance and Publication of Outcomes) |
| Article 3 (Operation of Committee for Countermeasures against School Violence) |
| (1) | The chairperson of the Committee for Countermeasures against School Violence under Article 7 of the Act (hereinafter referred to as "Countermeasure Committee") shall call meetings and preside over the meetings. |
| (2) | The Countermeasure Committee shall convene a meeting semiannually: Provided, That a special meeting may be convened occasionally upon request from at least 1/3 of current committee members or when the chairperson deems it necessary. |
| (3) | When the chairperson of the Countermeasure Committee intends to call a meeting, he or she shall notify each committee member of the date, time, place, and agenda items of the meeting at least five days before holding the meeting: Provided, That the foregoing shall not apply where convening of a meeting is urgently required. |
| (4) | A majority of the members of the Countermeasure Committee shall constitute a quorum, and any resolution thereof shall require a concurring vote of at least a majority of those present. |
| (5) | If the chairperson deems necessary, he or she may summon experts, etc. to attend a meeting to make statements regarding prevention of and countermeasures against school violence. |
| (6) | Allowances and travel expenses may be paid to the committee members, experts, etc. who attend a meeting, within budgetary limits: Provided, That the foregoing shall not apply where a committee member appointed from among public officials attends a meeting in direct connection with his or her duties. |
| Article 3-2 (Dismissal of Members of Countermeasure Committee) |
In any of the following cases, the President of the Republic of Korea may dismiss a committee member falling under any subparagraph of Article 8 (3) 2 through 8 of the Act from office: | 1. | If the member is unable to perform his or her duties due to a mental or physical disorder; |
| 2. | If the member is engaged in corruption in connection with his or her duties; |
| 3. | If the member is found incompetent for the office due to dereliction of duty, indecent conduct, or any other ground; |
| 4. | If the member voluntarily manifests that he or she has difficulty in performing his or her duties. |
[This Article Newly Inserted on May 10, 2016]
| Article 4 (Composition and Operation of Working Committee for Countermeasures against School Violence) |
| (1) | The Working Committee for Countermeasures against School Violence under Article 8 (6) of the Act (hereinafter referred to as “Working Committee”) shall be comprised of not more than 12 members, including one chairperson (hereinafter referred to as "chairperson of the Working Committee"). <Amended on Mar. 23, 2013> |
| (2) | The Vice Minister of Education shall serve as the chairperson of the Working Committee; and committee members shall consist of public officials each designated by the head of the administrative agency to which each of them belongs, from among members of the Senior Executive Service as public officials of the Ministry of Economy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of Justice, the Ministry of Health and Welfare, the Ministry of Gender Equality and Family, the Office for Government Policy Coordination, and the Korea Communications Commission, and also from among senior superintendents general or superintendents general of the National Police Agency. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | If a member of the Working Committee falls under any subparagraph of Article 3-2, the person who designated the committee member under paragraph (2) may withdraw such designation. <Newly Inserted on May 10, 2016> |
| (4) | The Working Committee shall have one executive secretary in charge of administrative affairs of the Working Committee, who shall be designated by the chairperson of the Working Committee from among public officials of the Ministry of Education. <Amended on Mar. 23, 2013; May 10, 2016> |
| (5) | If the chairperson of the Working Committee is unable to perform his or her duties due to an extenuating circumstance, the committee member designated in advance by the chairperson of the Working Committee shall act on behalf of the chairperson. <Amended on May 10, 2016> |
| (6) | The chairperson of the Working Committee shall call a meeting before the Countermeasure Committee holds a meeting or when the chairperson of the Working Committee deems necessary. <Amended on May 10, 2016> |
| (7) | If the Working Committee deems necessary for examining agenda items to be tabled at a meeting of the Countermeasure Committee, assisting the Countermeasure Committee in deliberation, or performing other work, it may summon stakeholders or related experts to hear their opinions or may request them to present their opinions. <Amended on May 10, 2016> |
| (8) | When the chairperson of the Working Committee calls a meeting, he or she shall notify each committee member of the date, time, place, and agenda items of the meeting at least seven days before holding the meeting: Provided, That the foregoing shall not apply where it is necessary to call a meeting urgently. <Amended on May 10, 2016> |
| Article 5 (Composition and Operation of Regional Committees for Countermeasures against School Violence) |
| (1) | The Vice-Mayor or Vice-Governor (referring to the Vice-Mayor I for Administrative Affairs in the case of the Special Metropolitan City; or to the Vice-Mayor or Vice-Governor for Administrative Affairs in the case of a Metropolitan City or Do) of the Special Metropolitan City or a Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") shall serve as the chairperson of the relevant Regional Committee for Countermeasures against School Violence established pursuant to Article 9 (1) of the Act (hereinafter referred to as "Regional Committee"). |
| (2) | The chairperson of a Regional Committee shall call a meeting and shall preside over the meeting. |
| (3) | If the chairperson of a Regional Committee is unable to perform his or her duties due to an extenuating circumstance, the committee member designated in advance by the chairperson of the Regional Committee shall act on behalf of the chairperson. |
| (4) | Members of a Regional Committee shall be appointed or commissioned by the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), in consultation with the relevant superintendent of education, from among the following persons who have abundant knowledge and experience, and are affirmatively committed to protecting youth: <Amended on Feb. 25, 2020; Dec. 31, 2020> |
| 1. | The Director-General for youth protection in the relevant City/Do government and the Director-General for school guidance and counseling in the relevant City/Do office of education; |
| 2. | Members of the relevant City/Do municipal council or members of the relevant City/Do board of education; |
| 3. | Police officers of the relevant City/Do police agency; |
| 4. | Teaching staff members with at least five years of work experience in student guidance and counseling; |
| 5. | Judges, prosecutors, and attorneys-at-law; |
| 6. | Assistant or higher-ranking professors, as defined in Article 2 of the Higher Education Act, or persons who currently work or have worked in the past for a youth-related research institute at an equivalent position with expertise in school violence; |
| 7. | Persons who have dedicated themselves to activities for protecting juveniles for at least five years in an organization specialized in guiding and protecting youths; |
| 9. | Other persons who have knowledge and experience in preventing school violence and protecting youths. |
| (5) | The term of office of each member of a Regional Committee shall be two years: Provided, That the term of office of a member appointed or commissioned to fill a vacancy due to resignation of a member of a Regional Committee or other event shall coincide with the remaining term of office of his or her predecessor. |
| (6) | If a member of a Regional Committee, appointed or commissioned pursuant to any subparagraph of paragraph (4) 2 through 9, falls under any subparagraph of Article 3-2, the competent Mayor/Do Governor may remove or dismiss such committee member from office. <Newly Inserted on May 10, 2016> |
| (7) | A Regional Committee shall have one executive secretary in charge of administrative work of the Regional Committee, who shall be appointed jointly by the chairperson of the relevant Regional Committee and the relevant superintendent of education, from among public officials of the relevant City/Do government or of the relevant City/Do office of education. <Amended on May 10, 2016> |
| (8) | Article 3 (2) through (6) shall apply mutatis mutandis to the management of meetings of a Regional Committee. In such cases, the "Countermeasure Committee" shall be construed as "Regional Committee." <Amended on May 10, 2016> |
| Article 6 (Composition and Operation of Regional Committee for Countermeasures against School Violence) |
The working subcommittee under Article 9 (2) of the Act shall be comprised of not more than seven practitioners and private experts in prevention of and countermeasures against school violence.
| Article 7 (Composition and Operation of Regional Committees for Countermeasures against School Violence) |
| (1) | The deputy head of each Si/Gun/Gu shall serve as the chairperson of the relevant regional committee for countermeasures against school violence under Article 10-2 of the Act (hereinafter referred to as "regional committee"). |
| (2) | The chairperson of a regional committee shall call meetings and shall preside over the meetings. |
| (3) | If the chairperson of a regional committee is unable to perform his or her duties due to an extenuating circumstance, the committee member designated in advance by the chairperson of the regional committee shall act on behalf of the chairperson. |
| (4) | Members of a regional committee shall be appointed or commissioned by the head of the relevant Si/Gun/Gu, in consultation with the head of the relevant district office of education, from among the following persons who have abundant knowledge and experience, and are affirmatively committed to protecting youths: <Amended on Jun. 11, 2014; Feb. 25, 2020> |
| 1. | The Director-General for youth protection in the relevant Si/Gun/Gu (referring to the Director of the relevant division, in the case of a Si/Gun/Gu with no Director-General) and the Director-General for school guidance and counseling in the relevant district office of education (referring to the Director of the relevant division, in the case of a district office of education with no Director-General); |
| 2. | Members of the relevant Si/Gun/Gu municipal council; |
| 3. | Police officers of the police station having jurisdiction over the relevant Si/Gun/Gu; |
| 4. | Teaching staff members with at least five years of work experience in student guidance and counseling; |
| 5. | Judges, prosecutors, and attorneys-at-law; |
| 6. | Assistant or higher-ranking professors, as defined in Article 2 of the Higher Education Act, or persons who currently work or have worked in the past for a youth-related research institute at an equivalent position with expertise in school violence; |
| 7. | Persons who have dedicated themselves to activities for protecting juveniles for at least five years in an organization specialized in guiding and protecting youths; |
| 8. | Parents who currently serve, or served, as members of a school governance committee or a deliberative committee; |
| 9. | Other persons who have knowledge and experience in preventing school violence and protecting youths. |
| (5) | The term of office of each member of a regional committee shall be two years: Provided, That the term of office of a member appointed or commissioned to fill a vacancy due to resignation of a member of a regional committee or another event shall be equal to the remaining term of office of his or her predecessor. |
| (6) | If a member of a regional committee, appointed or commissioned pursuant to any subparagraph of paragraph (4) 2 through 9, falls under any subparagraph of Article 3-2, the head of the relevant Si/Gun/Gu may remove or dismiss such committee member from office. <Newly Inserted on May 10, 2016> |
| (7) | A regional committee shall have one executive secretary in charge of administrative work of the regional committee, who shall be appointed by the chairperson of the relevant regional Committee, in consultation with the head of the relevant district office of education, from among public officials of the relevant Si/Gun/Gu or of the relevant district office of education. <Amended on Jun. 11, 2014; May 10, 2016> |
| Article 8 (Composition of Exclusive Units) |
Pursuant to Article 11 (1) of the Act, each City/Do office of education and each district office of education shall have a division, an officer, or a team in charge of the following matters: <Amended on Jun. 11, 2014; Feb. 25, 2020> | 1. | Formulating and implementing measures for preventing and eliminating school violence; |
| 2. | Providing medical treatment to victim students of school violence and taking measures against aggressor students; |
| 3. | Matters regarding measures necessary for fixing a relationship between victim students and aggressor students; |
| 4. | Other matters determined by the relevant superintendent of education regarding prevention of and countermeasures against school violence. |
| Article 9 (Fact-Finding Surveys) |
| (1) | Fact-finding surveys to be conducted on school violence by the superintendent of education pursuant to Article 11 (8) of the Act may be conducted jointly with another superintendent of education, in consultation with the Minister of Education. <Amended on Mar. 23, 2013> |
| (2) | The superintendent of education may entrust fact-finding surveys on school violence to research and survey institutions specialized in education. |
| Article 10 (Establishment of Specialized Institutions) |
| (1) | The superintendent of education may establish and operate an institution specialized in the following affairs in the relevant City/Do office of education or a district office of education, pursuant to Article 11 (9) of the Act: <Amended on Jun. 11, 2014> |
| 2. | Operating healing programs for victim students and aggressor students in school violence cases. |
| (2) | The superintendent of education may entrust any of the following institutions, organizations, and facilities with the operation of healing programs under paragraph (1) 2: <Amended on Jul. 31, 2012; Sep. 14, 2012> |
| 3. | A youth-related organization specialized in prevention of school violence and rehabilitation and education of victim students and aggressor students; |
| 4. | A hospital with personnel specialized in mental treatment for youths; |
| 5. | A religious or other institution operating programs for victim students, aggressor students, and their parents in school violence cases; |
| 6. | Other institutions the superintendent of education recognizes as appropriate for operating healing programs. |
| (3) | Further details necessary for establishing and operating a specialized institution under paragraph (1) shall be determined by the superintendent of education. |
| Article 11 (Entrustment of Surveys and Counseling on School Violence) |
Pursuant to Article 11-2 (2) of the Act, the superintendent of education may entrust the affairs specified in Article 11-2 (1) of the Act to an institution or organization he or she recognizes as appropriate for preventing school violence and taking follow-up measures, among institutions and organizations that have performed programs for preventing school violence for at least three years.
| Article 12 (Cooperation with Related Institutions) |
A request under Article 11-3 of the Act for providing personal information in relation to school violence or for cooperation in other matters shall be made in writing.
| Article 13 (Establishment of Deliberative Committee and Matters Subject to Deliberation) |
| (1) | "Ground prescribed by Presidential Decree" in the proviso of Article 12 (1) of the Act means where the victim student and the aggressor student in a school violence case are enrolled in schools in districts under the respective jurisdiction of different district offices of education (referring to an institution prescribed by municipal ordinances in accordance with Article 12 (1) of the Act, in the absence of a district office of education; hereinafter the same shall apply). <Amended on Feb. 25, 2020> |
| (2) | "Other matters prescribed by Presidential Decree" in Article 12 (2) 5 of the Act means matters suggested by the head of a school regarding prevention of and countermeasures against school violence. <Amended on Feb. 25, 2020> |
[Title Amended on Feb. 25, 2020]
| Article 14 (Composition and Operation of Deliberative Committees) |
| (1) | Members of a deliberative committee shall be appointed or commissioned by the head of the relevant district office of education (referring to the head of an institution prescribed by municipal ordinances in accordance with Article 12 (1) of the Act, in the absence of the head of a district office of education; hereafter the same shall apply in this Article, Article 14-2 (5), the former part of Article 20 (1) and Article 22), from among the following persons: <Amended on Feb. 25, 2020> |
| 1. | The Director-General or Director for school guidance and counseling at the relevant district office of education (referring to a public official or employee of the relevant institution in the case of an institution prescribed by municipal ordinances in accordance with Article 12 (1) of the Act); |
| 1-2. | The Director-General or Director for youth protection in the Si/Gun/Gu having jurisdiction over a district under the jurisdiction of the relevant district office of education; |
| 2. | A current or former teaching staff member with at least two years of experience in affairs regarding school violence or school guidance and counseling; |
| 4. | Judges, prosecutors, and attorneys-at-law; |
| 5. | Police officers of the police station having jurisdiction over a district under the jurisdiction of the relevant district office of education; |
| 6-2. | An assistant professor or higher at a school defined in Article 2 of the Higher Education Act or a person who holds, or held, a position equivalent thereto at a youth-related research institute, having expert knowledge of school violence issues; |
| 6-3. | A person dedicated to activities for protecting the youth for at least five years at an organization specialized in guiding and protecting the youth; |
| 7. | Other persons who have abundant knowledge and experience in prevention of school violence and protection of youths. |
| (2) | The chairperson of a deliberative committee shall be appointed or commissioned by the head of a district office of education; but, if the chairperson is unable to perform his or her duties due to an extenuating circumstance, the committee member designated in advance by the chairperson shall act on behalf of the chairperson. <Amended on Feb. 25, 2020> |
| (3) | The term of office of each member of a deliberative committee shall be two years: Provided, That the term of office of a member commissioned to fill a vacancy due to the resignation of a member of a deliberative committee or another event shall be the remainder of the term of office of his or her predecessor. <Amended on Feb. 25, 2020> |
| (4) | If any member of a deliberative committee, under subparagraph 2, 2-2, 3 through 6, 6-2, 6-3, and 7 of paragraph (1), falls under any subparagraph of Article 3-2, the head of the relevant district office of education may remove or dismiss the committee member from office. <Newly Inserted on May 10, 2016; Feb. 25, 2020> |
| (5) | A majority of the members of a deliberative committee shall constitute a quorum; and any resolution thereof shall require a concurring vote of at least a majority of those present. <Amended on May 10, 2016; Feb. 25, 2020> |
| (6) | The chairperson of a deliberative committee shall appoint one executive security who shall perform administrative work of the deliberative committee, from among public officials of the relevant district office of education (including its employees in the case of an institution prescribed by municipal ordinances in accordance with Article 12 (1) of the Act). <Amended on May 10, 2016; Feb. 25, 2020> |
| (7) | Allowances and travel expenses may be paid to committee members who attend a meeting of the autonomous committee, within budgetary limits: Provided, That the foregoing shall not apply where a committee member appointed from among public officials attends a meeting in direct connection with his or her duties. <Amended on May 10, 2016; Feb. 25, 2020> |
| (8) | Where deemed necessary, a deliberative committee may invite teaching staff members of the school where school violence has occurred or experts in the fields relating to the prevention of, and countermeasures against, school violence to hear from them or ask for their written opinions.. <Amended on Feb. 25, 2020> |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for operating a deliberative committee shall be determined by the head of a district office of education.. <Newly Inserted on Feb. 25, 2020> |
[Title Amended on Feb. 25, 2020]
| Article 14-2 (Subcommittees) |
| (1) | A deliberative committee may establish subcommittees where deemed necessary for the efficient performance of its duties. |
| (2) | Subcommittees referred to in paragraph (1) (hereinafter referred to as "subcommittees") shall consists of members of the deliberative committee. |
| (3) | The deliberative committee may delegate matters requiring deliberation to a subcommittee, where necessary. In such cases, the matters deliberated and resolved on by the subcommittee shall be deemed deliberated and resolved on by the deliberative committee. |
| (4) | Upon completion of deliberation, the subcommittee shall report the results thereof to the deliberative committee. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for establishing and operating subcommittees shall be prescribed by the head of a district office of education. |
[This Article Newly Inserted on Feb. 25, 2020]
| Article 14-3 (Self-Resolution by Heads of Schools) |
Where a school violence case is to be resolved autonomously under Article 13-2 (1) of the Act, the head of the school shall exert efforts to prevent recurrence of such violence and may operate programs for fixing relationships among victim students, aggressor students, and their guardians where deemed necessary. [This Article Newly Inserted on Feb. 25, 2020]
| Article 15 (Installation of Counseling Office) |
The counseling office under Article 14 (1) of the Act shall be equipped with the following facilities and equipment and shall be installed at a place convenient for counseling activities: | 1. | Facilities and equipment necessary for counseling, including facilities for accessing the Internet and telephones; |
| 2. | Partitions and soundproof facilities for preventing exposure of privacy of the persons counseled. |
| Article 16 (Operation of Exclusive Units) |
| (1) | Member parents of a unit in exclusive charge of school violence issues under Article 14 (3) of the Act (hereinafter referred to as "exclusive unit") shall be commissioned by the head of a school, from among persons recommended by the school governance committee under Article 31 of the Elementary and Secondary Education Act: Provided, That they shall be commissioned by the head of the school in the case of a school without a school governance committee. |
| (2) | An exclusive unit shall verify facts regarding school violence and report the results thereof to the head of the relevant school. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the operation of an exclusive unit shall be determined by the head of a school. |
[This Article Wholly Amended on Feb. 25, 2020]
| Article 17 (Education for Preventing School Violence) |
Pursuant to Article 15 (5) of the Act, the head of each school shall conduct educational programs for students, school employees, and parents to prevent school violence in accordance with the following guidelines: | 1. | Such educational programs shall be conducted at least once every semester, but further details, including the frequency of and timing for such educational programs, and instructors, shall be determined by the head of each school, taking into consideration conditions of the school; |
| 2. | In principle, educational programs for students to prevent school violence shall be conducted for each class separately but may be conducted simultaneously at a place for all students of a school, taking into consideration conditions of the school; |
| 3. | In principle, separate educational programs shall be provided to students, school employees, and parents, but educational programs may be provided to all of them together, depending upon the content of the programs; |
| 4. | Educational programs shall be conducted by various methods, including lectures, discussions, and role plays; and various materials, programs, etc. shall be utilized for educational programs; |
| 5. | The content of educational programs for school employees to prevent school violence shall include provisions of statutes regarding school violence, guiding information on countermeasures to be taken upon occurrence of school violence, and how to operate programs for students to prevent school violence; |
| 6. | The content of educational programs for parents to prevent school violence shall include information about how to identify signs of school violence, guiding information on countermeasures to be taken upon occurrence of school violence, and moral and character education at home. |
| Article 17-2 (Exception to Separation of Aggressors and Victim Students) |
"Any extenuating circumstance prescribed by Presidential Decree, including dissenting of the victim student" in the proviso, with the exception of the subparagraphs, of Article 16 (1) of the Act means any of the following cases: | 1. | Where the victim student expresses his or her dissent; |
| 3. | Where the aggressor and the victim student are already separated from each other after the measures under the former part of Article 17 (4) of the Act are taken. |
[This Article Newly Inserted on Jun. 22, 2021]
| Article 18 (Scope of Reimbursement of Victim Students) |
| (1) | The scope of reimbursement of victim students for expenses by a school safety mutual aid association or a City/Do office of education under the proviso of Article 16 (6) of the Act shall be as follows: <Amended on Jun. 22, 2021> |
| 1. | Expenses incurred in psychology counseling service and advice provided by an institution specified by the relevant superintendent of education as specialized in psychology counseling service; |
| 2. | Expenses incurred in temporary protection by an institution specified by the relevant superintendent of education; |
| 3. | Expenses incurred in medical treatment, care for medical treatment, or medical supplies provided by a medical institution established pursuant to the Medical Service Act; a public health clinic, public health and medical care center, or a public health branch clinic established pursuant to the Regional Public Health Act; a public health infirmary established pursuant to the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages; a pharmacy registered pursuant to the Pharmaceutical Affairs Act; or the Korea Orphan and Essential Drug Center established pursuant to Article 91 of said Act. |
| (2) | Article 41 of the Act on the Prevention of and Compensation for Accidents at School shall apply mutatis mutandis to the procedure through which a victim student or guardian who wishes to be reimbursed for expenses under paragraph (1) may claim expenses to a school safety mutual aid association or a City/Do office of education; and the procedure through which a school safety mutual aid association or a City/Do office of education shall pay expenses. |
| (3) | The scope of expenses for indemnity that a school safety mutual aid association or a City/Do office of education shall demand to the parents of an aggressor student under Article 16 (6) of the Act shall be all expenses paid to the victim student under paragraph (2). |
| Article 19 (Standards Applicable to each Measure to Aggressor Students) |
The following factors shall be taken into consideration in determining the standards applicable to each measure under Article 17 (1) of the Act, and detailed standards shall be determined and publicly announced by the Minister of Education: <Amended on Mar. 23, 2013> | 1. | The seriousness, continuity, and deliberateness of school violence inflicted by the aggressor student; |
| 2. | The degree of repentance of the aggressor student; |
| 3. | The possibility of correcting the aggressor student's behavior by taking the relevant measure; |
| 4. | The extent of reconciliation between the aggressor student and his or her guardian, and the victim student and his or her guardian; |
| 5. | Whether the victim student has any disability. |
| Article 20 (Transfer of Aggressor Students) |
| (1) | Where a deliberative committee requests that an aggressor student be transferred to another school pursuant to Article 17 (1) of the Act, the head of the relevant district office of education shall notify such fact to the head of the school in which the student in question is enrolled. In such cases, the head of the school so notified shall request, without delay, that the superintendent of education or the head of a district office of education assign a school to which the student is to be transferred. <Amended on Feb. 25, 2020> |
| (2) | When the superintendent of education or the head of a district office of education assigns a school to which an aggressor student shall be transferred, he or she shall take into consideration the distance sufficient for protecting the victim student and other factors; and if he or she intends to assign a school outside of the area under his or her jurisdiction, he or she shall notify the relevant superintendent of education or the head of the relevant district office of education thereof. |
| (3) | Upon receipt of the notice under paragraph (2), the relevant superintendent of education or the head of the relevant district office of education shall assign a school to which an aggressor student shall be transferred. |
| (4) | When an aggressor student transferred to another school under paragraphs (2) and (3) and the victim student apply for admission to an upper school, the relevant superintendent of education or the head of the relevant district office of education shall assign different schools to separate them from one another. In such cases, a school for admission shall be assigned first to the victim student. |
| Article 21 (Suspension of Aggressor Students from Attendance, subject to Subsequent Approval) |
| (1) | The cases where the head of a school may suspend students from attendance at school under Article 17 (4) of the Act are as follows: |
| 1. | Where two or more students have intentionally and repeatedly used violence; |
| 2. | Where a student has inflicted an injury by school violence, which requires at least two weeks of medical treatment for full recovery; |
| 3. | Where a student has used violence with intent to retaliate against reporting or testifying a school violence case or providing evidence, etc.; |
| 4. | Where the head of a school deems it necessary to urgently protect a victim student from the aggressor student. |
| (2) | When the head of a school intends to suspend a student from attendance at school under paragraph (1), he or she shall hear the argument of the student or his or her guardian: Provided, That the foregoing shall not apply where the student or his or her guardian does not comply with the instruction of the head of the school, even after the head of the school has tried to hear the argument of the student or his or her guardian. |
| Article 22 (Additional Measures for Rejecting or Evading Measures Taken against Aggressor Students) |
If a student against whom any of the measures specified in Article 17 (1) 2 through 9 of the Act has been taken rejects or evades such measure, the deliberative committee may request the head of the school to take additional measures, within seven days from the receipt of notice of such fact from the head of the relevant district office of education pursuant to Article 17 (11) of the Act. <Amended on Feb. 25, 2020>
| Article 23 (Re-Enrollment of Expelled Students) |
| (2) | Except as otherwise expressly provided for in paragraph (1), further details necessary for measures against and re-enrollment, etc. of aggressor students shall be determined by the superintendent of education. |
| Article 24 Deleted. <Feb. 25, 2020> |
| Article 25 (Petition for Mediation in Disputes) |
Pursuant to Article 18 of the Act, either of the victim student or the aggressor student or his or her guardian (hereinafter referred to as "either party to a dispute") may file a petition for mediation in the dispute, stating the following matters thereon, with the deliberative committee or the relevant superintendent of education authorized to mediate the relevant dispute: <Amended on Feb. 25, 2020> | 1. | Name and address of the petitioner for mediation in the dispute; |
| 2. | Name and address of the guardian; |
| 3. | Reasons for filing the petition for mediation in the dispute. |
| Article 26 (Exclusion from, Challenge to, and Refrainment by, Members of Autonomous Committees) |
| (1) | If any member of a deliberative committee falls under any of the following where the committee requests to take any measure to a victim student or an aggressor student, or mediates in a dispute in accordance with Article 16, 17, or 18 of the Act, such committee member shall be excluded from the proceeding of the case: <Amended on Feb. 25, 2020> |
| 1. | If the committee member of his or her current or former spouse is the current or former guardian of the victim student or aggressor student in the case at issue; |
| 2. | If the committee member is a current or former relative of the victim student or aggressor student in the case at issue; |
| 3. | If the committee member is deemed to be an acquaintance or relative on another ground to the victim student or aggressor student in the case at issue. |
| (2) | If either party to a dispute duly suspects a committee member will be partial in the proceedings of deliberation and resolution where a deliberative committee holds a meeting regarding a school violence case, or, where a dispute has arisen, the party may file a challenge against the committee member, demonstrating relevant facts in writing. <Amended on Feb. 25, 2020> |
| (3) | Upon receipt of a challenge against a committee member under paragraph (2), the deliberative committee shall resolve on whether to accept the challenge. In such cases, the committee member against whom the challenge is filed shall not participate in the proceedings of deliberation and resolution. <Amended on Feb. 25, 2020> |
| (4) | If a committee member falls under either of paragraph (1) or (2), he or she may personally refrain from participating in the proceedings of the case at issue. <Amended on Feb. 25, 2020> |
[This Article Wholly Amended on Feb. 25, 2020]
| Article 27 (Commencement of Mediation in Disputes) |
| (1) | Upon receipt of a petition for mediation in a dispute under Article 25, the deliberative committee or the superintendent of education shall commence proceedings for mediating in the dispute within five days from the filing date of the petition. <Amended on Feb. 25, 2020> |
| (2) | A deliberative committee or the superintendent of education shall notify parties to a dispute of the date, time, and place of mediation in the dispute. <Amended on Feb. 25, 2020> |
| (3) | If either of parties to a dispute is unable to make an appearance due to an extenuating circumstance, upon receipt of the notice given under paragraph (2), he or she may request the deliberative committee or the superintendent of education to postpone mediation in the dispute. In such cases, the deliberative committee or the superintendent of education shall set the date for mediating in the dispute again. <Amended on Feb. 25, 2020> |
| (4) | A deliberative committee or the superintendent of education may designate persons in charge of mediation in disputes, from among members of the deliberative committee or members of the relevant regional committee, or may seek advice from external specialized institutions on matters related to disputes. <Amended on Feb. 25, 2020> |
| Article 28 (Refusal, Suspension, and Closing of Mediation in Disputes) |
| (1) | In any of the following cases, a deliberative committee or the superintendent of education may refuse to commence the proceeding for mediating a dispute or may suspend mediation in a dispute: <Amended on Feb. 25, 2020> |
| 1. | If either party to a dispute refuses mediation in the dispute; |
| 2. | If a victim student or other person has filed a criminal or civil complaint against the aggressor student regarding the relevant school violence case; |
| 3. | If it is found that the claim in the petition for mediating in a dispute is evidently false or groundless. |
| (2) | In either of the following cases, a deliberative committee or the superintendent of education shall close the proceeding for mediating in a dispute: <Amended on Feb. 25, 2020> |
| 1. | Where parties to a dispute have reached an agreement or accept the mediation agreement proposed by the deliberative committee or the superintendent of education; |
| 2. | Where the deliberative committee or the superintendent of education fails to mediate a dispute within one month from the commencement date of mediation in the case. |
| (3) | If a deliberative committee or the superintendent of education refuses to commence the proceeding for mediating in a dispute or suspends mediation in a dispute pursuant to paragraph (1), or closes the proceeding for mediating in a dispute pursuant to paragraph (2) 2, the autonomous committee or the superintendent of education shall notify parties to the dispute of the reasons therefor. <Amended on Feb. 25, 2020> |
| Article 29 (Processing of Outcomes of Mediation in Disputes) |
| (1) | Where a dispute is successfully mediated, a deliberative committee or the superintendent of education shall prepare a written agreement, stating the following, and dispatch it respectively to the parties to the dispute and the head of the school in which the victim and aggressor students are enrolled: <Amended on Feb. 25, 2020> |
| 1. | Addresses and names of parties to the dispute; |
| 2. | Details of the dispute subject to mediation: |
| (a) | Facts relevant to the dispute; |
| (b) | Issues raised in mediation (including arguments of parties to the dispute); |
| 3. | Outcomes of mediation. |
| (2) | If a deliberative committee has mediated in a dispute, the agreement under paragraph (1) shall be signed and sealed by the parties to the dispute and committee members who participated in mediation, whereas, if the superintendent of education has mediated in a dispute, such agreement shall be signed and sealed by the parties to the dispute and the superintendent of education. <Amended on Feb. 25, 2020> |
| (3) | The chairperson of a deliberative committee shall report the outcomes of mediation in a dispute to the relevant superintendent of education. <Amended on Feb. 25, 2020> |
| Article 30 (Installation and Operation of Emergency Telephone Lines) |
The emergency telephone lines under Article 20-2 of the Act shall be installed in organizations operated by the Commissioner of the National Police Agency and Commissioners of City/Do police agencies. <Amended on Dec. 31, 2020>
| Article 31 (Use of Information and Communications Networks) |
Pursuant to Article 20-4 (3) of the Act, the State, a local government, or the superintendent of education may entrust the following institutions and organizations with tasks for preventing school violence via information and communications networks: | 1. | The Korea Education and Research Information Service established pursuant to the Korea Education and Research Information Service Act; |
| 2. | Enterprises that have past records of performance of educational programs entrusted by public institutions via information and communications networks; |
| 3. | Institutions or organizations that have performed programs for preventing school violence for at least three years. |
| Article 31-2 (Operation of School Police Officer Programs) |
| (1) | Where the Commissioner General of the National Police Agency appoints a police officer in exclusive charge of duties concerning school violence, etc. for the prevention and eradication of school violence as prescribed in Article 20-6 (1) of the Act (hereinafter referred to as "school police officer"), he or she shall take into consideration expertise necessary in performing duties concerning school violence, such as whether the prospective appointee has a diploma or qualification in student counseling, experiences in student guidance, etc. |
| (2) | A school police officer shall perform the following duties: |
| 1. | Prevention of school violence; |
| 2. | Protection of victim students and guidance of aggressor students; |
| 3. | Collection of information on school gangs; |
| 4. | Prevention of formation of school gangs and disbanding them; |
| 5. | Other duties deemed necessary for the prevention and eradication of school violence, etc. by the Commissioner General of the National Police Agency after consulting with the Minister of Education. |
| (3) | The head of a police agency and the head of a school to which a school police officer belongs shall cooperate with each other for the prevention and eradication of school violence. |
[This Article Newly Inserted on Dec. 31, 2018]
| Article 32 (Integrated Control of CCTV Systems) |
When the State or a local government intends to integrate and control CCTV systems pursuant to Article 20-7 (1) of the Act, it shall gather consensus from relevant experts and stakeholder according to the following procedure: <Amended on Dec. 31, 2018> | 2. | Deliberation by the school steering committee. |
| Article 33 (Scope of Confidential Information) |
| 1. | Personal information of victim students, aggressor students, and their families in school violence cases, including names, resident registration numbers, and addresses; |
| 2. | Oral statements personally made in relation to deliberation and resolution on victim students and aggressor students in school violence cases; |
| 3. | Other matters that are obviously likely to provoke controversy between parties to a dispute. |
| Article 33-2 (Processing of Personally Identifiable Information) |
[This Article Newly Inserted on Jun. 20, 2017]
| Article 34 Deleted. <Mar. 2, 2021> |
| Article 35 (Criteria for Imposing Administrative Fines) |
[This Article Newly Inserted on Dec. 31, 2018]
ADDENDUM <Presidential Decree No. 23689, Mar. 30, 2012>
This Decree shall enter into force on May 1, 2012. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24002, Jul. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 2, 2012.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24102, Sep. 14, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 16, 2012. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 25375, Jun. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended pursuant to Article 5 of the Addenda, the amendment to a Presidential Decree, promulgated before this Decree enters into force, whose enforcement dates have yet to arrive, shall enter into force on the dates the respective Presidential Decrees enter into force. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 27129, May 10, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28110, Jun. 20, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended pursuant to Article 8 of the Addenda, the amendment to a Presidential Decree, promulgated before this Decree enters into force, whose enforcement dates have yet to arrive, shall enter into force on the dates the respective Presidential Decrees enter into force. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 29435, Dec. 31, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 30441, Feb. 25, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 2020: Provided, That the amended provisions of Article 14-3 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Members of Regional Committees and Regional Councils)
| (1) | Members of a regional committee commissioned under previous Article 5 (4) 8 before this Decree enters into force shall be deemed commissioned under the amended provisions of Article 5 (4) 8 until the expiry of the term of office prescribed in paragraph (5) of the same Article. |
| (2) | Members of a regional council commissioned under previous Article 7 (4) 8 before this Decree enters into force shall be deemed commissioned under the amended provisions of Article 7 (4) 8 until the expiry of the term of office prescribed in paragraph (5) of the same Article. |
ADDENDA <Presidential Decree No. 31349, Dec. 31, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 31516, Mar. 2, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31789, Jun. 22, 2021>
This Decree shall enter into force on June 23, 2021.