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「학교폭력 예방 및 대책에 관한 법률」상 학교폭력사건 처리절차의 검토와 그 개선방안
Review of School Violence Treatment Procedures in 「Act on the Prevention of and Countermeasures against Violence in Schools」and Its Improvement
문영희 ( Young Hee Moon ) , 강동욱 ( Dong Wook Kang )
법학논총 vol. 39 iss. 1 33-62(30pages)
UCI I410-ECN-0102-2015-300-002062015

In January 29, 2004, the government enacted the 「Act on the Prevention of and Countermeasures against Violence in Schools」as measures for elimination of school violence. This act request the installations of School Violence Task Force within the school and authorize the committee of school violence to request school principal for taking certain action on assailant student for the protection of victim student and for the leading and education of assailant student. In addition, this Act provide special procedures in the investigation and enforcement procedure of school violence cases such as allowing victim student, assailant student, and their parents the right to claim review for the school principal’s determination (Art. 17-2), and granting the committee of school violence authority to conciliation dispute if there is a conflict related to school violence. In this paper, I examined the contents of this Act related to the investigation and enforcement procedure of school violence cases based on previous studies, and suggested improvement measures to fulfill this Act’s function as the special act for the solution of school violence cases. First, in order to make school as an important institution for the eradication of school violence and resolving incidents, there should be a procedure of resolving school violence with the objectivity and impartiality and, while strengthening expertise and authority of school violence expert department or autonomy committee, it is necessary to grant legal effect on actions and results of the upper committee so that such procedures in schools can be function as final disposal. Early resolution of student violence should be also considered by strengthening the reporting requirement of school personnel such as principal or teachers who teach students at school. Especially, it is essential to secure a professional counselor for the discovery of school violence and for counseling and psychotherapy of victim student and assailant student. Therefore the active support from national and local government is necessary to having professional counselor to all school possible. In addition, it is required to unify appeals procedures of victim student and assailant student about the upper committee or the principal’s actions and it is asked to prevent infringement of their rights by institutionalizing guidance or notice about the procedure.

Ⅰ. 머리말
Ⅱ. 학교폭력사건의 처리절차에 관한 검토 및그 개선방안
Ⅲ. 맺음말
[자료제공 : 네이버학술정보]
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