학교폭력예방 및 대책에 관한 법률의 문제점과 개선방안

The Problems and Improvement of School Violence Prevention Act

To take professional and systematic measures against School Violence,IN 2004 the「ACT ON THE PREVENTION OF AND COUNTERMEASURESAGAINST VIOLENCE IN SCHOOLS」 (“School Violence Prevention Act”) wasenacted. Although this Act has been revised many times in the last decade,it still has lots of problems that must be solved.So this study points out the problems of the School Violence PreventionAct and proposes improvement measures especially in the violenceprevention education, relationships with other Acts, and response systemBased on the Constitutional Meaning and Legal Nature of the Act.From a Constitutional standpoint, School Violence Prevention Act can beregarded as means to perform the duty of State to protect the Youth andguarantee the Fundamental Rights, and to exercise the power to instituteand manage the Educational systems. Therefore, It should consider thespecial characteristics of adolescents and school education’s purpose. Inthis regard School Violence Prevention should be the first goal of the Actand place mediation and restoration above disciplinary action.In conclusion, there are three main factors to be improved in SchoolViolence Prevention Act. First, more specific requirements about violenceprevention education should be set down to achieve substantial results ofeducation. Next, School Violence Prevention Act first be applied to otherActs like the 「Criminal Act」, and the measures took on the former shouldbe a factor in judicial procedures according to the latter. Lastly, it is reasonable that the 'autonomous committee for countermeasures againstschool violence’ established in each school(Article 12) should focus on theprevention of school violence and the 'Regional Coordination Committees forCountermeasures against School Violence' established in each Si/Gun/Gu(Article 10-2) handles school violence cases.