🇺🇸 Essential Q&A for Parents of School Violence Victims: Strategies to Protect Your Child

The moment your child says they have experienced school violence, a parent’s heart breaks. You may feel confused, not knowing exactly what happened, how the school should respond, or what you should do immediately. The School Violence Task Force at Sugar Square Law&Advisors has organized essential advice from actual consultations into this Q&A to help parents of victimized students navigate this difficult time.

1. Initial Response Q&A — “What should I do right now?”

Q1. My child was a victim of school violence. What is the first thing I should check as a parent?

A. The first step is to set aside emotional distress and structure the facts. Listen to your child in a calm environment and clearly organize the following key elements:

• Specific Actions: Detail the behavior based on the 5W1H (Who, What, When, Where, Why, How).

• Repetitiveness: Was it a one-time incident or persistent bullying? (Frequency and duration).

• Severity of Harm: Any physical injuries or psychological/emotional changes (refusal to go to school, sleep disorders, anxiety, etc.).

• Surrounding Reactions: Were there any witnesses or bystanders?

Q2. Should I report it to the school immediately, or wait and see?

A. In principle, reporting as early as possible is advantageous. This is because official procedures begin the moment a report is filed, and protective measures for the victim can be implemented quickly.

• Immediate Reporting is Essential if: The violence is ongoing, or the victim expresses extreme anxiety about contact with the perpetrator. Prompt reporting is necessary for immediate separation measures.

• Consultation First if: The scope of the incident is unclear or the victim is too unstable to provide a statement. In this case, inform the school of the fact that harm occurred, then calmly organize the facts while consulting with the school's dedicated department or a school violence lawyer.

📌 Note: For matters requiring immediate police involvement, such as sexual violence, it is safer to proceed with reporting and professional consultation simultaneously.

Q3. My child experienced sexual school violence (harassment, assault, etc.). Is the procedure different?

A. Yes, sexual violence cases follow different procedures and involve mandatory reporting to investigative agencies.

• Mandatory Reporting: Under the "School Violence Prevention and Countermeasures Act" and the "Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes," school staff or the dedicated school violence department must immediately report sexual incidents to the police upon discovery.

• Official Filing: Simple consultation with a School Police Officer (SPO) does not count as an official "report." A formal filing through 112 or 117 is required. In sexual violence cases, the accuracy and speed of the initial response are far more critical for protecting the student.

2. Victim Protection & Support Q&A — “How can I protect my child?”

Q4. My child is struggling to go to school. Can I immediately request separation from the perpetrator or protective measures?

A. Yes. Under Article 16 of the "School Violence Prevention and Countermeasures Act," a victim student can request various protective measures from the school principal, including psychological counseling, temporary protection, medical treatment/recuperation, and class changes.

• Once a case is filed, the school must implement separation measures to block contact with the perpetrator—this is a core step in initial protection.

• If you believe the protective measures are insufficient, you can directly request additional measures from the local Office of Education.

Q5. I'm worried other students will find out. How far does victim confidentiality extend?

A. The school has a strict duty to protect the victim's confidentiality. Especially in sexual violence cases, the victim's privacy must be protected at an enhanced level according to Ministry of Education guidelines. The school can adjust the environment (e.g., seat changes, limiting information channels) to ensure the victim's emotional safety.

Q6. Who pays for counseling or medical expenses? What if the perpetrator's side delays payment?

A. In principle, the guardian of the perpetrator student is responsible.

• Perpetrator's Responsibility: The perpetrator's side is responsible for medical expenses and counseling fees incurred for the victim’s recovery.

• Emergency Support System: To ensure treatment is not delayed, you can receive support first through the School Safety Insurance Association. The association will later exercise the right of indemnity (claim the costs) against the perpetrator's side.

3. Statements & Evidence Q&A — “How do I prove my child’s suffering?”

Q7. My child is in shock and can't speak well. How should I help with the victim statement?

A. For a statement to be persuasive at the School Violence Committee, it must be structured around objective facts rather than just emotional appeals. Since this can be difficult for a child, we recommend seeking expert help while prioritizing the child's emotional safety.

• Fact-Based Recording: If the child finds it difficult to speak, parents can help by detailing the date, location, actions, and physical/emotional changes in a written format. It is crucial to record the child's statement exactly as it is, without the parent's subjective interpretation.

• Secure Medical Certificates: If there is psychological harm, start treatment with a psychiatrist immediately. Secure medical certificates, treatment records, and expert opinions to objectively prove the degree of harm.

📌 Sugar Square Law&Advisors collaborates with child/adolescent psychological experts to prioritize the child’s emotional well-being throughout the case.

Q8. Sexual victimization is even harder to talk about. Are there other ways besides face-to-face statements?

A. The statement method can be adjusted based on the victim's psychological state. To reduce the risk of re-traumatization, methods such as written statements, non-face-to-face interviews, or the presence of parents or legal representatives can be used to minimize the psychological burden.

Q9. There isn't much evidence. Can the procedure or investigation still move forward?

A. Yes. The standards for the School Violence Committee differ from criminal proceedings. They do not require "proof beyond a reasonable doubt." Instead, they judge based on probability, considering the consistency of the victim's statement, circumstantial evidence, context, and repetitiveness.

Q10. I’m worried about secondary victimization. What kind of evidence should I collect regarding messages or contact?

A. Secondary victimization can be treated as a separate school violence case. Important evidence includes:

• Direct Secondary Harm: Contact, mockery, threats, or attempted distribution of information (via texts, SNS DMs, phone calls).

• Indirect Secondary Harm: Mocking mentions on social media, spreading malicious rumors, or unfairly pressuring for a settlement.

It is helpful to record specifically when, who, and how the contact or mention occurred.

4. School & Committee Procedures Q&A — “How do I prepare for the official process?”

Q11. The school seems to be taking the situation lightly. What records can I officially request?

A. If you suspect the school is being lukewarm in its response, you can officially request:

• School violence report and investigation records.

• Records of separation measures from the perpetrator.

• Victim student counseling records.

• Reports from the school's dedicated department.

These records are vital for the School Violence Committee and for determining the school's liability.

Q12. The perpetrator’s side is denying or downplaying the facts. Does this affect the outcome?

A. Yes. Denial or an uncooperative attitude can work against the perpetrator during the committee's decision-making. The law stipulates that the "degree of remorse" is a key factor. Denial is often interpreted as a lack of remorse, which can be grounds for aggravated sanctions.

Q13. Does the victim student have to testify in person at the School Violence Committee?

A. No. Face-to-face testimony is not mandatory. Depending on the student's condition, you can choose written statements, non-face-to-face methods, or having a guardian or lawyer participate as an assistant to minimize exposure.

5. Post-Decision & Recovery Q&A — “I’m worried about my child's long-term recovery.”

Q14. The result/sanction seems too weak. Can the victim appeal?

A. Yes. If the victim student finds the measures inappropriate, they can apply for an Administrative Appeal or Administrative Lawsuit to seek a further judgment.

Q15. The committee is over, but my child is still anxious. What long-term support is available?

A. The school and Office of Education must provide ongoing recovery support even after a decision. You can officially request:

• Linkage to continuous psychological counseling and treatment.

• School adaptation programs.

• Discussions regarding a school transfer (if necessary).

Q16. I am being pressured for an apology or settlement. Should I agree?

A. It is safer to decide after fully assessing the child's psychological state and the case structure with a legal expert. Settlements rushed for compensation without a sincere apology can become a psychological burden or even feel like secondary victimization to the child.

We Move as a Legal & Psychological Team for the Child's Recovery

The core of victim recovery is accurate fact-checking and stable support. Because school violence deeply impacts a child’s daily life and emotions, it is vital to design every stage—from the initial response to the School Violence Committee and final recovery.

• Secondary Victimization Prevention: Our primary goal is to prevent further harm.

• Integrated Support: We provide combined legal and psychological assistance.

• Reduced Burden: We use psychological counseling data legally to reduce the need for the victim to repeat their statement multiple times.

• Expert Consultation: Attorneys who serve as members of the Seoul and Gyeonggi School Violence Committees directly handle your case.

No parent stays unbroken when their child suffers from school violence. Please bring that heavy heart to Sugar Square Law&Advisors. We will help you navigate the procedures and protective measures one by one so your child can recover without further scars. You don't have to face this alone. Sugar Square Law&Advisors will be by your side.

Do you still have more questions?
👉 Korean School Violence FAQ for International Students and Parents (1)
👉 Korean School Violence FAQ for International Students and Parents (2)

[CONTACT]

• Tel: 02-563-5877

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• e-mail: help@sugar.legal

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