학교폭력대책지역위원회 재심의 법적 성격에 관한 소고

초록

The Act on the Prevention of and Countermeasures against Violence in School, hereinafter the Act, established two separate appeal procedures against the same countermeasures reviewed by different reviewing committees depending on who files the appeal. This led to conflicting decision makings by different committees and the problem was repeated at the administrative trial phase, provoking new disputes accordingly. To solve this problem, we need to unify the review procedures. Before proceeding on a detailed reform plan, the current system needs to be analyzed. This article aims to provide basic analysis on the Regional Committees for Countermeasures against School Violence, one of the two reviewing committees in question. Although the review process serves as a means to resolve the dispute over school violence between the victim and the perpetrator, it is not the school violence itself but countermeasures of the principal that is subject to review. The committees are administrative bodies with a certain degree of independence, impartiality, and expertise, but they are not administrative appeal commissions under the Administrative Appeals Act. The review process runs strongly ex officio, which befits their legal characteristics. The following needs to be taken into account for reforming the system: In organizing and uniting the reviewing bodies, we must consider that the review process is, in essence, an appeal procedure against disciplinary measures; a new reviewing body should be set up, in each metropolitan and provincial government, by the superintendent of the office of education, which has general supervisory authority over schools. In refining the process, procedural rights of both victim and perpetrator must be enhanced and explicitly stated in the Act. We must also decide on the roles and functions of the reviewing committees: should we emphasize their role as re-viewing the countermeasures or should we confer them power to re-decide, instead of the principals, on the measures to take for the students? Finally, the system should be so organized that the review precess and other appeal procedures both administrative and judicial are applied equally to students in national public schools and those in private schools.

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