ABSTRACT
An Ex-Post Evaluation of 「Act on the Prevention of and Countermeasures Against Violence in Schools」
KIM, Miran
Department of education
Graduate School
Korea University
Directed by Prof. SHIN, Hyunseok
The enactment of the Act on Coun...
ABSTRACT
An Ex-Post Evaluation of 「Act on the Prevention of and Countermeasures Against Violence in Schools」
KIM, Miran
Department of education
Graduate School
Korea University
Directed by Prof. SHIN, Hyunseok
The enactment of the Act on Countermeasures Against Violence in Schools in 2004 raised hopes of a fundamental resolution regarding school violence. However, school violence is constantly becoming more serious and diverse, negating the effect of the Act on Countermeasures Against Violence in Schools which was enacted solely for resolving school violence. This implies the necessity of a thorough examination of the act. Thus, the study attempted to approach the Act on Countermeasures Against Violence in Schools through an Ex-Post Legislative Evaluation and evaluated it on the basis of legal system and effectiveness. The purpose of the study is to offer a legislative and political improvement plan based on the results.
The results derived from the study are as follows. First, the act, in terms of legal system, shows shortcomings in guaranteeing the rights of students and stakeholders. In terms of constitutional legitimacy, the written apology of aggressor students may violate their freedom of conscience, and the students’ circumstances were not fully reflected in the case handling process. Particularly, specifying corrective measures of school violence in the aggressor students’ school record is open to violation of the aggressor students’ basic rights, and deviates from the bounds of delegated legislation. Furthermore, duplicate measures which can apply disciplinary action were found in other legislation.
Second, somewhat ambiguous wording has led to ineffectiveness of the Act on Countermeasures Against Violence in Schools, and such areas were found insufficient to implement policy measures. The fact that there is only one clause about countermeasures against school violence which is one of the purposes of the Act on Countermeasures Against Violence in Schools was disappointing. In addition, a clear statement regarding the organization of autonomous committee experts in the case handling process was missing. Despite the lacking, the number of victim students is decreasing according to the survey on school violence. However, the increase of the number of deliberation, number of retrial, administration litigation, and number of judgment in the autonomous committee showed the necessity for examination regarding the matter, and required concern on the teacher’s role and dissipation of school administration.
Third, in result of evaluating on the basis of legal system and effectiveness, the study offered an improvement plan regarding the problems. To guarantee the rights of students, the act should adopt a cooling-off period along with a written apology. Also, measures should be sought to stipulate in the law to use the school record of school violence only for the cause of counseling and guidance and to strongly express regulations regarding protective action of victim students. Regarding the response system, the proportion of expert organization in the autonomous committee should be raised and operation details of the school police officer system should be supplemented. Moreover, content about countermeasures against school violence should be added and support of the Office of Education regarding school violence case handling is needed. The legislature and government should empower the role of teachers and schools in school violence matters.
In result, the Act on Countermeasures Against Violence in Schools should assist students affected by school violence, stakeholders, and schools to stand upright. The act contains content which can cause Secondary damage to those who have been already hurt by school violence. Thus, the legislature and government should work to apply the improvement plan offered in the study. Also, based on the study, legal systematic modification of the Act on Countermeasures Against Violence in Schools and examination on the verification of political effectiveness should be sustained.
Keywords: Act on the Prevention of and Countermeasures Against Violence in
Schools, Legislative Evaluation, Evaluation on legal system and
effectiveness
ABSTRACT
An Ex-Post Evaluation of 「Act on the Prevention of and Countermeasures Against Violence in Schools」
KIM, Miran
Department of education
Graduate School
Korea University
Directed by Prof. SHIN, Hyunseok
The enactment of the Act on Countermeasures Against Violence in Schools in 2004 raised hopes of a fundamental resolution regarding school violence. However, school violence is constantly becoming more serious and diverse, negating the effect of the Act on Countermeasures Against Violence in Schools which was enacted solely for resolving school violence. This implies the necessity of a thorough examination of the act. Thus, the study attempted to approach the Act on Countermeasures Against Violence in Schools through an Ex-Post Legislative Evaluation and evaluated it on the basis of legal system and effectiveness. The purpose of the study is to offer a legislative and political improvement plan based on the results.
The results derived from the study are as follows. First, the act, in terms of legal system, shows shortcomings in guaranteeing the rights of students and stakeholders. In terms of constitutional legitimacy, the written apology of aggressor students may violate their freedom of conscience, and the students’ circumstances were not fully reflected in the case handling process. Particularly, specifying corrective measures of school violence in the aggressor students’ school record is open to violation of the aggressor students’ basic rights, and deviates from the bounds of delegated legislation. Furthermore, duplicate measures which can apply disciplinary action were found in other legislation.
Second, somewhat ambiguous wording has led to ineffectiveness of the Act on Countermeasures Against Violence in Schools, and such areas were found insufficient to implement policy measures. The fact that there is only one clause about countermeasures against school violence which is one of the purposes of the Act on Countermeasures Against Violence in Schools was disappointing. In addition, a clear statement regarding the organization of autonomous committee experts in the case handling process was missing. Despite the lacking, the number of victim students is decreasing according to the survey on school violence. However, the increase of the number of deliberation, number of retrial, administration litigation, and number of judgment in the autonomous committee showed the necessity for examination regarding the matter, and required concern on the teacher’s role and dissipation of school administration.
Third, in result of evaluating on the basis of legal system and effectiveness, the study offered an improvement plan regarding the problems. To guarantee the rights of students, the act should adopt a cooling-off period along with a written apology. Also, measures should be sought to stipulate in the law to use the school record of school violence only for the cause of counseling and guidance and to strongly express regulations regarding protective action of victim students. Regarding the response system, the proportion of expert organization in the autonomous committee should be raised and operation details of the school police officer system should be supplemented. Moreover, content about countermeasures against school violence should be added and support of the Office of Education regarding school violence case handling is needed. The legislature and government should empower the role of teachers and schools in school violence matters.
In result, the Act on Countermeasures Against Violence in Schools should assist students affected by school violence, stakeholders, and schools to stand upright. The act contains content which can cause Secondary damage to those who have been already hurt by school violence. Thus, the legislature and government should work to apply the improvement plan offered in the study. Also, based on the study, legal systematic modification of the Act on Countermeasures Against Violence in Schools and examination on the verification of political effectiveness should be sustained.
Keywords: Act on the Prevention of and Countermeasures Against Violence in
Schools, Legislative Evaluation, Evaluation on legal system and
effectiveness
주제어
#학교폭력예방 및 대책에 관한 법률 입법평가 법 체계성 평가 효과성 평가
※ AI-Helper는 부적절한 답변을 할 수 있습니다.