비형사적 사안에 대한 학교폭력 처리의 개선방안

Abstract

The School Violence Prevention Act aims to promote the healthy socialization of both victims and offenders; however, it has been implemented without clearly distinguishing between criminal and non-criminal cases. As a result, even minor incidents have often been subjected to excessive judicialization through administrative or criminal procedures. Meanwhile, the principal’s self-resolution system, intended as an alternative, has proven ineffective due to the lack of expertise and credibility within school-based committees. In response, this study first clarifies the criteria for non-criminal cases classified as ‘non–school violence’ or ‘minor incidents.’ Second, it proposes an effective judicial partnership between schools and the police, emphasizing the professional role of School Police Officers (SPO) in ensuring objective fact-finding and neutral judgment. Third, it introduces a Pre-arrest Conditional Diversion mechanism that allows case closure when the offender fulfills educational, community service, or restorative obligations. Fourth, it designs a Conditional Compliance Evaluation System to assess the implementation of such measures. These institutional and legal proposals aim to mitigate the over-criminalization of school violence, strengthen procedural fairness through the involvement of SPO, and reinforce an educationally restorative framework that upholds student rights and restores trust within the school community.