학교폭력예방 및 대책에 관한 법률의 문제점과 개선방안

• 영문명: The Problem and Improvement Method for Act on the Prevention and Countermeasures against Violence in Schools
• 발행기관: 경희법학연구소
• 저자명: 정한중(Jung, Han-Joong)
• 간행물 정보: 『경희법학』제44권 제1호, 73~99쪽, 전체 27쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2009.03.30

영문 초록

In this study, “Act on the Prevention and Countermeasures against Violence in Schools” was reviewed. It was pointed out that there are many problems with this Act enacted to protect suffered students and to guide and educate wrongdoing students. It is expected that Act on the Prevention and Countermeasures against Violence in Schools will be revised as follows. First, it is necessary to clear arrange the concepts of violence in schools and sexual assaulting stipulated in this Act in accordance with Purpose Specification Principle. Second. actions must be taken not to exclude criminal laws or Juvenile Act in critical and habitual violence in schools by making it clear that this Act is punishment laws for the purpose of education. In article 5 in this Act, the relationship with other laws was made clarified, but it is necessary not to approach criminal laws by committees in self-administration and should be banned in showing that it is terminated by Act on the Countermeasures against Violence in Schools. Third, it is required to exclude prosecutors and policemen in organizing the committee in self-administration. The prosecutors and police officials in charge of investigations in criminal - judical institutes should participate in the self-administration as a committee for the laws of the prevention of and countermeasures against violence in schools, the punishment procedure for education, and the actions for wrongdoing students in accordance with this Act must not be taken as if the case were terminated. Fourth, committees’ active actions for self-administration should be conducted. In addition, it is needed to grand them rights to complain habitual harm-doing students to criminal - juridical institutions by classifying the critical degree of the case. Fifth, it is necessary to protect suffered students and guide and educate wrongdoing students. Furthermore, the review should be made whether transferring to other classes has been conducted without any problem regardless of the school schedule and whether an educational purpose has been achieved in accordance with actions for wrongdoing students. Sixth, it is requited to enhance the regulations for punishments on covering up violence in schools. It is required to keep it a secret, the personal details and misconducts for suffered students and wrongdoing students. However, the violence in schools should not be concealed because of said fact. For the teacher who knew violence in schools but ignored it, it is needed to establish the regulations for punishment so that violence in schools cannot be covered up.

목차

l. 서론

ll. 학교폭력대책법의 성격

lll. 학교폭력대책법의 문제점

lV. 학교폭력대책법의 개선방안

V. 결론

키워드

학교폭력 피해학생 가해학생 지역위원회 자치위원회 Violence in School Suffered Students Wrongdoing Students Regional Committee Self-Administration