학교폭력예방 및 대책에 관한 법률의 문제점과 개선방안 = The Problem and Improvement Method for Act on the Prevention and Countermeasures against Violence in Schools

다국어 초록 (Multilingual Abstract)

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.

다국어 초록 (Multilingual Abstract)

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.

참고문헌 (Reference)

1 김일수, "형법각론" 박영사 2007

2 김준호, "학교폭력의 현황 및 실태" 청소년보호위원회 2002

3 이장현, "학교폭력의 최근동향과 문제점에 관한 고찰" 한국청소년개발원 2001

4 이순래, "학교폭력의 원인 및 대처방안에 대한 연구"

5 노성호, "학교폭력의 실태와 문제점" (15) : 2003

6 박병식, "학교폭력예방및대책에관한법의 문제점 및 개정방향" 25 (25): 2005

7 이진국, "학교폭력예방및대책에관한법률의 체계적 문제점과 개선방안" 1 (1): 2007

8 박윤기, "학교폭력에 대한 경찰의 대응방안에 관한 연구" 동아대학교 대학원 2008

9 신성웅, "학교폭력 피해자의 정신병실태조사" 11 (11): 2000

10 김준호, "학교폭력 피해자 조사의 문제점과 개선방향" 한국피해자학회 10 (10): 81-100, 2002

11 김영호, "학교폭력 예방을 위한 자원복지활동 프로그램에 관한 연구" 2001

12 조병인, "학교폭력 예방을 위한 법․제도적 정비방안 연구"

13 이동진, "학교폭력 예방 및 대책에 관한 법 시행령 제정을 위한 토론회 자료집"

14 최종혁, "학교폭력 실태와 예방적 접근방안에 관한 연구" 2002

15 김준호, "학교폭력 실태에 대한 종단적 연구(2001-2002년)" 한국청소년정책연구원 14 (14): 2003

16 박효정, "학교폭력 대처를 위한 지원체제 구축 및 운영방안 연구"

17 이민희, "학교폭력 대책을 위한 지역사회 네트워크의 실천적 운영에 관한 연구"

18 김은경, "학교폭력 대응방안으로서의 회복적 소년사법 실험연구(Ⅰ)"

19 김준호, "학교주변 폭력의 실태와 대책"

20 김종오, "하위문화요인과 학교폭력과의 관계에 관한 연구" 동국대학교 대학원 2005

21 노성호, "청소년의 폭력범죄피해요인에 관한 일 연구" 한국피해자학회 11 (11): 27-52, 2003

22 김정옥, "청소년의 가정폭력 경험과 학교폭력과의 관계 연구 -일반청소년과 비행청소년을 중심으로-" 한국가족관계학회 7 (7): 93-115, 2002

23 국가청소년위원회, "청소년백서"

24 청소년보호위원회, "청소년 폭력예방 법․제도연구"

25 김준호, "청소년 비행론" 청목출판사 2003

26 박종운, "실업계 고등학교 학교 폭력 유형 분석 및 대안 탐색" 한국교원교육학회 20 (20): 181-197, 2003

27 이재상, "신형사소송법 제2판" 박영사 2008

28 황진구, "선진국의 청소년육성정책과 제도"

29 허일태, "부산지역 청소년의 폭력범죄피해조사연구" 3 (3): 2001

30 이윤호, "범죄학개론" 박영사 2008

31 김형만, "범죄학개론" 청목출판사 2001

32 경찰청, "경찰백서"

33 奥野久雄, "被害者からのいじめの申告と學生側の不法行爲責任" 69 (69): 1997

34 奥田山進一, "形マツト死亡事件損害賠償請求事件"

35 矢部武, "少年犯罪と鬪 うアヌリか"

36 小朝賀晶日一, "中學いじめの自殺國家賠償請求事件"

37 河內祥子, "いじめの被害と損害賠償責任" 2006

38 采女博文, "いじめのをめぐゐ法的諸課題" 2003

39 吉田悅子, "いじめと法 ‘檢証․中學生いじめ自殺事件’"

40 Tattum,D.P, "Violence and Aggression in schools in: Bullying in School" Trentham Books 1989

41 Ronald, Blackburn, "The Psychology of Criminal Conduct" John Wiley ＆ Sons 1993

42 Siegel, Larry J, "Juvenile Delinquency: Theory, Practice, and Law, 8th ed" Wadsworth Pulicing Co 2003

43 Smith, P. K, "Characteristics of victims of school bullying: Developmental changes in coping straegies and skills in Peer Harassment in School: The Plight of the Vulnerable and victimized" Guilford Press 2001