<Establishment of detailed criterion for proper application of the disciplinary measures about school violence wrongdoer student>
Jeong, Yi-keun
Disciplinary measures against w ...
<Establishment of detailed criterion for proper application of the disciplinary measures about school violence wrongdoer student>
Jeong, Yi-keun
Disciplinary measures against wrongdoer student of school violence is necessary to achieve the leading educational purpose for wrongdoer students. However even if a wrongdoer student is involved in school violence, he or she is being treated with some kind of disadvantage, in particular, reasonable standards are needed for the adequacy or equity of measures against wrongdoer student. This study specially seeks to examine the possibility of establishing specific criteria for determining the severity, persistence, willfulness, degree of reflection and degree of reconciliation of school violence.
Regarding this study, the measure of judgment scores used in the Detailed Criteria for Wrongdoer Student’s Action against School Violence, which is a notice of the Ministry of Education, adopts Likert scale. In other words, the Education Ministry’s notice is divided into very high, high, moderate, low, and not exist of the choices for basic judging elements and aims to give detailed score. However, if we look at the ministry’s information disclosure documents and related documents, in the Detailed Criteria for Wrongdoer Student’s Action against School Violence which is a notice of the Ministry of Education, it is difficult to identify objective grounds for proper application of elements of the severity, persistence, willfulness, degree of reflection and degree of reconciliation.
This thesis is to improve the problems of the Education Ministry’s notice, explore the possibility of establishing objective judgment criteria on the severity, persistence, willfulness, degree of reflection and degree of reconciliation of school violence. To date, studies suggest that the following considerations are necessary to improve the existing set-up criteria.
First, as an indicator of severity, consider whether the victim is a disabled student, the degree of damage to the victim’s physical mental and assets, whether it is a group school violence, whether used dangerous tools, whether assaulted a large number of students, or if it can blame the violence.
Secondly, consider the frequency of school violence during year, frequency by term, monthly frequency and frequency by week, if the wrongdoer student repeatedly used violence, whether or not violence has continued for a considerable period of time etc, these would allow for the disaggregation of the criteria for determining persistence.
Thirdly, as an indicator of willfulness, the following considerations can be applied; whether it is an accidental violence, whether it is deliberated act, whether who ordered the violence, whether the wrongdoer student used violence even if a victim student’s refusal, whether the wrongdoer student used violence against a teacher’s guidance etc.
Fourthly, whether the wrongdoer student expresses apology for his/her violence, whether immediately to apologize on the act of violence, and it is necessary to make judgement by considering the timing of the apology and the existence of the apology.
Lastly, because we decided to take measure against wrongdoer student after school violence has already occurred, it is difficult to determine the degree of reconciliation objectively. So, we can also think of simplifying the judgment of reconciliation only as to whether reconciliation exists or not.
Key words : School Violence Prevention and Countermeasure Related Law; school violence; wrongdoer student; disciplinary measure; a notice of the Ministry of Education; detailed judgment criteria; school violence self-governing committee.