Case Involving Measures Nos. 2 and 3 by the School Violence Deliberation Committee Against a Student Who Perpetrated School Violence
Practice AreaSchool Violence
OutcomeMeasures Nos. 2 and 3 by the School Violence Deliberation Committee
StageSchool Violence Countermeasures Deliberation Committee
01. Background
The client and the student victim had been in an ongoing conflict. Their grievances toward each other continued to accumulate, and the matter ultimately resulted in the client assaulting the student victim and causing injuries requiring four weeks of medical treatment.
Ultimately, the incident was reported to the School Violence Deliberation Committee and became subject to deliberation. In light of the severity of the injuries caused, it was anticipated that a severe measure would be imposed.
If a severe disciplinary measure had been imposed, the incident would have been recorded in the student’s school records and could have affected the student’s university admissions, placing the student in a situation in which the future appeared bleak. Accordingly, the client contacted MEGA X Law Firm and was able to find a path toward resolving the matter.
Ultimately, the incident was reported to the School Violence Deliberation Committee and became subject to deliberation. In light of the severity of the injuries caused, it was anticipated that a severe measure would be imposed.
If a severe disciplinary measure had been imposed, the incident would have been recorded in the student’s school records and could have affected the student’s university admissions, placing the student in a situation in which the future appeared bleak. Accordingly, the client contacted MEGA X Law Firm and was able to find a path toward resolving the matter.
02. Key Issues
01
Injuries Requiring Four Weeks of Medical Treatment: What Level of Measure Would Be Imposed?
Although injuries requiring four weeks of medical treatment occurred, was there a background that warranted a measure severe enough to result in an entry in the student’s school records?
02
Circumstances of the Incident
Is a severe measure necessarily warranted based solely on the assault?
03
Whether the Harm Was Remedied
Did the student who perpetrated the school violence make every effort to remedy the harm suffered by the victim?
Injuries Requiring Four Weeks of Medical Treatment: What Level of Measure Would Be Imposed?
Although injuries requiring four weeks of medical treatment occurred, was there a background that warranted a measure severe enough to result in an entry in the student’s school records?
02
Circumstances of the Incident
Is a severe measure necessarily warranted based solely on the assault?
03
Whether the Harm Was Remedied
Did the student who perpetrated the school violence make every effort to remedy the harm suffered by the victim?
03. Legal Strategy
MEGA X distinguished and organized the factual circumstances and legal issues involved in the matter.
In particular, we submitted our position focusing on the fact that the level of the measure should not be determined solely by the result—namely, injuries requiring four weeks of medical treatment—and that the circumstances leading to the incident, subsequent developments, whether a settlement had been reached, and the need for educational measures should also be considered together.
We also organized the circumstances that could be considered favorable to the client’s student and explained the factors that the deliberative body should examine when determining the level of the measure.
Through these efforts, we assisted in ensuring that the overall circumstances of the matter and its impact on the student, in addition to the outcome itself, could be taken into consideration.
In particular, we submitted our position focusing on the fact that the level of the measure should not be determined solely by the result—namely, injuries requiring four weeks of medical treatment—and that the circumstances leading to the incident, subsequent developments, whether a settlement had been reached, and the need for educational measures should also be considered together.
We also organized the circumstances that could be considered favorable to the client’s student and explained the factors that the deliberative body should examine when determining the level of the measure.
Through these efforts, we assisted in ensuring that the overall circumstances of the matter and its impact on the student, in addition to the outcome itself, could be taken into consideration.
04. Outcome
Measures Nos. 2 and 3 by the School Violence Deliberation Committee
Case Note Results may vary depending on the facts of each case. Some details have been modified to protect client confidentiality.
- PreviousViolation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Violence Crimes (Distribution of False Videos), Deferred Prosecution Subject to Completion of an Educational Program 26.09.22
- NextNo Suspicion of Aiding and Abetting the Production of Sexual Exploitation Material under the Act on the Protection of Children and Youth Against Sexual Abuse 26.09.22
Attorneys Involved
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