If an Offending Student Takes Special Education, the Guardian Must Attend Too: A Fine of Up to 3,000,000 Won for Not Complying > For Parents

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If an Offending Student Takes Special Education, the Guardian Must Attend Too: A Fine of Up to 3,000,000 Won for Not Complying

Article 17(13) of the School Violence Prevention Act requires guardians to take part when an offending student completes special education, and Article 23 sets a fine of up to 3,000,000 won for non-compliance. Which measures carry it, what refusal brings, and how to apply.

L Lim Su-bin Parent Guide Content Editor·2026-10-12·8 views

When a child receives a measure as an offending student in a school violence case, parents tend to assume that all they need to track is the child's special education schedule. But Article 17, Paragraph 13 of the School Violence Prevention Act says that when an offending student completes special education, the guardian must also be made to take the education together, and Article 23 provides a fine of up to 3,000,000 won for a guardian who does not comply. Based on the current text of the Act and its Enforcement Decree on the National Law Information Center, this article sets out which measures carry special education, what a guardian has to do, and how the application process is changing.

A father holding his daughter on a sofa while reading a notice

Special education is one of nine measures and also attaches to others

Article 17, Paragraph 1 lists nine measures the committee may request for an offending student: a written apology; a ban on contact, threats and retaliation; service at school; community service; special education or psychological treatment; suspension from attendance; change of class; transfer; and expulsion. Special education is a stand-alone measure under item 5, and as shown below it can also be attached as an obligation to other measures. The law permits several measures to be imposed at once, so the first thing to do is check the measure numbers written on the notice.

From contact bans to transfer, special education or treatment is attached

Article 17, Paragraph 3 provides that a student who receives item 2 (ban on contact, threats and retaliation), 3 (school service), 4 (community service), 6 (suspension), 7 (class change) or 8 (transfer) must complete special education or receive psychological treatment at an institution designated by the superintendent of education. Alternative education institutions are included. The law does not fix the length; the committee decides it case by case, so it is not unusual for the hours to differ from child to child. A written apology (item 1) and expulsion (item 9) are not covered by this paragraph.

Guardian education is a legal measure, not a suggestion

Article 17, Paragraph 13 provides that when an offending student completes special education, the committee must have the student's guardian take the education together. If the victim is a student with a disability, the content must include disability awareness education. In other words, guardian education is not a program the school offers as a courtesy; it is a matter the committee decides as a package with the child's special education measure. Ask the school or the district office of education about the time and place of guardian education, and check first whether the notice contains a guardian education item.

Participants seated in a circle, with one man holding a tablet during a group session

Non-compliance carries a fine of up to 3,000,000 won

Article 23, Paragraph 1 provides a fine of up to 3,000,000 won for a guardian who does not follow the committee's order to complete education. The superintendent of education imposes and collects it. The individual standard in the table to the Enforcement Decree sets the fine for this violation at 3,000,000 won, and under the general standard the superintendent may reduce it by up to one half in light of the circumstances. Grounds include the cases listed in the Enforcement Decree of the Act on the Regulation of Violations of Public Order and cases recognized as minor carelessness or error, but no reduction is available while a fine remains unpaid. If the schedule is difficult, do not ignore it; it is safer to contact the institution and the school first and ask whether adjustment is possible.

The principal may act first, and refusal brings further measures

When protecting the victim and reforming the offender is urgent, the principal may impose a written apology, school service, special education or psychological treatment, suspension or class change before the committee decides, and must immediately report this to the committee for approval (Article 17, Paragraph 5). If the offending student refuses or evades a principal's measure, the principal must discipline the student under the Elementary and Secondary Education Act (Paragraph 10). If a student refuses or evades a committee measure, the committee may ask the district office to take an additional measure, and the Enforcement Decree sets a limit of 7 days from the date the district office notifies the committee. Skipping special education is not a way out.

You have a right to state your views, and appeals are separate

Before requesting a measure, the committee must give the offending student and the guardian an opportunity to state their views (Article 17, Paragraph 8), and the head of the district office that receives the request must act within 14 days (Paragraph 9). An offending student or guardian who objects to a measure may file an administrative appeal (Article 17-2). However, objecting and carrying out the special education are separate matters, so even while preparing an appeal it is safer to keep to the scheduled education. For the deadline and the stay of execution, see the 90-day guide to appealing a school violence measure first.

A wall calendar with red pins on several dates and the 30th circled

How to apply is changing by city and province

Where and how to apply for special education is set not by the Act but by the institutions the superintendent designates and each office of education's operating method. According to a report dated October 12, 2026, the North Jeolla Special Self-Governing Province Office of Education will run "Urion-Edu", a system that handles applications and confirmation of completion online for school violence counseling and special education, as a pilot in October and introduce it fully from November. It covers counseling for victim students and special education for offending students, with program search, schedule checks, applications and issuance of confirmation and completion certificates. Previously, schools had to phone each institution and send application forms by fax or email. This is a North Jeolla case, so in other regions check with the local office of education and the school.

What to check after you receive the notice

First, check the measure numbers on the notice to see whether special education or psychological treatment is included. Second, ask the school whether there is a guardian education item and where and when it is held. Third, absences caused by the child's special education or service can be counted as attendance if the principal recognizes them (Article 17, Paragraph 12), so ask in advance how attendance will be handled. Fourth, protective measures and counseling for the victim are separate procedures, so also read about protective measures for victim students and Wee Class and the Mind-Eum voucher. How long a measure stays on the school record is summarized in school violence measures on the student record. This article is general information based on statutory text and does not replace legal advice, so confirm the details of a specific case with your district office of education and a professional.

This is an English translation of an article originally written in Korean. 한국어 원문 보기 ›

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