Hello. This is Cheongchul Law Firm.

Even when the school imposes disciplinary action against the perpetrator of school violence, the suffering of the victim and their parents often does not end. Do you think, "Since the school has already punished them, can they not be held legally responsible anymore?"

To put it simply, that is absolutely not the case. Separately from the school's disciplinary action, criminal punishment and civil lawsuits are fully possible.

In today's post, I will clearly summarize the additional legal measures that can be taken after the school violence committee's punishment through a YouTube video.

[Table of Contents]

1. School Violence Committee Punishment, This is Not the End
2. Reasons Why Criminal and Civil Lawsuits Are Possible Regardless of School Violence Committee Disciplinary Actions
3. Criminal Measures by Age of Perpetrators (Based on 14 Years Old)
4. Civil Claims for Medical Expenses and Damages
5. Key Evidence Collection Methods for Lawsuits

1. School Violence Committee Punishment, This is Not the End.

Many parents often say this after receiving the results notification from the school violence committee.

"I heard that the perpetrator was punished by the school. So is it all over now? My child is still suffering."

When the results come out from the school violence committee, many people think all procedures have ended and give up. However, the video emphasizes that this is a clear misunderstanding.

The school violence committee's disposition is merely an 'administrative measure' within the school environment. If the victim's suffering continues and the perpetrator shows insufficient remorse, criminal procedures through the police and civil lawsuits through the court can be pursued regardless of the school's disciplinary actions.

The legal principle that "once punished, one cannot be punished again" (ne bis in idem) applies only between criminal trials, and it does not apply between school discipline and criminal punishment. Thus, it is essential to remember that the end of school discipline may not be the end but the beginning of serious legal responses.

2. Reasons Why Criminal and Civil Lawsuits Are Possible Regardless of School Violence Committee Disciplinary Actions

Then specifically, why are additional measures possible?

Legally, the actions taken by the School Violence Countermeasure Committee (SVC) and the penalties imposed by judicial authorities (police, courts) are completely different in nature.

• SVC Disciplinary Action: An administrative measure with an educational purpose

• Criminal Complaint: Criminal punishment for criminal acts

• Civil Lawsuit: Compensation for damages related to the harm

Therefore, even if a student is disciplined at school, this does not constitute a criminal punishment, so there are no legal restrictions on filing a complaint with the investigative authorities. Depending on the severity of the school violence case, it is possible to impose much heavier legal responsibilities than school disciplinary actions.

3. Criminal Measures by Age of Perpetrators (Based on 14 Years Old)

The most critical criterion when proceeding with a criminal complaint for school violence is the 'age' of the perpetrator. As explained in the video, the legal processes applicable vary depending on the age of the perpetrator.

• Age 14 and above: Can file a criminal complaint similar to general adults, and if charges are acknowledged, will face criminal punishment that leaves a criminal record.

• Ages 10 to under 14 (juvenile delinquent): As a juvenile, criminal punishment is not possible, but they can be referred to the Family Court juvenile trial to receive protective measures. Protective measures do not leave a criminal record but may include severe sanctions such as being sent to a juvenile detention center.

Thus, even if the severity of the school discipline is low, you should be aware that strong additional measures through investigative authorities may be possible depending on the age and criminal facts of the perpetrator.

4. Civil Claims for Medical Expenses and Damages

In addition to criminal responsibility, monetary compensation for the damages suffered by the victim is necessary. The process for this is a civil lawsuit for school violence (claim for damages).

• Defendant: The parents of the perpetrator (the person of supervisory duty)

• Claim Details: Physical/mental treatment costs, psychological counseling costs, compensation for mental suffering, etc.

Even if a 'written apology' or other minor disciplinary action is issued from the school violence committee, there is no need to be discouraged. Many cases exist where the victim side proceeds with criminal complaints and civil lawsuits to the end, imposing much heavier legal/economic responsibilities on the perpetrator side. This can serve as a practical means for the victim's recovery.

5. Key Evidence Collection Methods for Lawsuits

To lead additional criminal complaints or civil lawsuits favorably, evidence is essential. Do not dispose of related documents just because the school violence committee has finished.

Cheongchul Law Firm recommends that you keep the following documents.

1. Notification of SVC Results

2. SVC Meeting Minutes

These documents become the most credible and powerful evidence to prove the facts of school violence. They will be used as decisive materials to persuade the court during subsequent trial processes, so if you are dissatisfied with the outcome or are considering additional measures, be sure to secure them.

This post is written for the purpose of providing legal information, and legal judgments may vary depending on the specific situation.