Conflicting Statements and Lack of Objective Evidence

01
Meaning and Circumstances of the Conduct at Issue
02
Conflicting Statements of the Parties
03
Lack of Objective Evidence
04
Whether the Conduct Constitutes School Violence

MEGA X first carefully organized the circumstances under which the client became involved in the School Violence Deliberation Committee proceedings and identified the specific issues actually in dispute. In school violence cases, surrounding circumstances or the conduct of other students may be interpreted together with the conduct at issue. Accordingly, it was important to distinguish and explain the scope of the client’s own conduct separately from the actual issues in dispute.

We also examined, one issue at a time, whether the client’s conduct could be deemed school violence under the applicable criteria. Our position focused on the fact that mere accompaniment or a passive response cannot, by itself, establish school violence, and that the determination must be based on the nature and degree of the actual conduct.

In addition, throughout the written opinion and the procedural response, we consistently explained that the client’s conduct did not constitute school violence under Article 2, Subparagraph 1 of the Act on the Prevention of and Countermeasures against Violence in Schools. It was important to respond by explaining the facts and the applicable criteria separately, rather than by offering an emotional explanation.

No School Violence