Victims of School Violence Don't Have to Wait for the Other Student's Measure -- Separation, a 7-Day Deadline, Attendance Credit and Treatment Costs Paid First > For Parents

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Victims of School Violence Don't Have to Wait for the Other Student's Measure -- Separation, a 7-Day Deadline, Attendance Credit and Treatment Costs Paid First

Under Article 16 of the School Violence Act and Article 18 of its Decree: the types of victim protective measures, the 7-day deadline, attendance credit, and how treatment costs are paid first.

L Lim Su-bin Parent Guide Content Editor·2026-10-01·21 views

When a school violence case is filed, parents tend to focus on what measures the student who caused harm will receive. But the law also sets out separate measures to protect the victim, and these can be used without waiting for the outcome of the case against the other student. This guide, based on Article 16 of the School Violence Prevention Act and Article 18 of its Enforcement Decree, covers the types of protective measures, the deadline, how absences are handled, and who pays.

A father talking seriously with his child on a sofa

Six numbers, five actual measures

The Committee can ask the district education office head to order these protective measures for the victim: (1) counseling and advice from experts inside or outside the school, (2) temporary protection, (3) medical treatment and convalescence, (4) a change of class, and (6) any other measure needed to protect the student. Item 5 was deleted in 2012, so the number is simply vacant. Several measures can be requested at once. Do not confuse them with the offender measures, which run from item 1 to item 9; the full sequence is in our guide to what happens after a school violence report.

Separation happens before the hearing, by the principal

Once a principal learns of school violence, the principal must separate the offender (teachers included) from the victim without delay. If the victim requests emergency protection, measures 1 to 3 and 6 can be taken before any hearing, and the principal must report to the Committee immediately. Article 17-2 of the Decree lists four cases where separation is not required: the victim objects, neither party was in an educational activity, the incident is minor as defined by the Act, or the two were already separated by another measure. The period and method of separation are delegated to the Minister of Education.

A chance to speak, guardian consent, and seven days

Before requesting measures, the Committee must give the victim and the guardian a chance to state their views. Once the request is made, the district education office head must act with the guardian's consent within 7 days. Because consent is required, a measure you do not want can be declined. For comparison, Article 17 gives 14 days for measures against the offender, so the victim's deadline is half as long. If things stall, ask the school and the district office to confirm the request date in writing.

A mother comforting a child sitting hugging his knees on a sofa

Days missed because of a measure can count as attendance

Days a student misses for counseling or treatment can be counted as attendance if the principal approves. The law says "may," so it is the principal's call, not automatic. The principal must also try to make sure the student is not penalized in grades or evaluations because of the measure. If an absence is coming, hand in a medical note or a letter from the counseling provider in advance and check how it was recorded afterward.

Counseling and treatment costs fall on the offender's guardian

Under the Act, the cost of counseling or treatment from specialist organizations or professionals is borne by the guardian of the offending student. But if a settlement stalls, treatment gets delayed. When prompt treatment is needed and the principal or the victim's guardian wants it, the School Safety Mutual Aid Association or the city or provincial office of education can pay first and later claim reimbursement from the offender's side. The principal or the guardian can also claim mutual aid benefits directly from the Association. For claim procedures and the time limit, see our guide to school safety mutual aid claims.

What the mutual aid fund or education office covers

Article 18 of the Decree limits what they pay in advance to three items: counseling at specialist institutions designated by the superintendent, temporary protection at designated facilities, and treatment and medication at medical institutions, public health centers, pharmacies and similar providers. Claim and payment procedures follow Article 41 of the School Safety Accident Prevention and Compensation Act. The amount that can be reclaimed from the offender's guardian covers everything paid to the victim. In practice, you do not have to delay treatment while arguing over money with the other family. For support that follows school counseling into hospital care, see our guide to Wee Class and the Mind-Eum voucher.

The hands of a doctor and a patient signing a medical form

Students with disabilities and cyber violence have their own provisions

If the victim is a student with a disability, Article 16-2 lets the Committee ask the principal to arrange counseling by a disability specialist or convalescence at a specialist facility; the principal must do so, and costs follow Article 16(6). If photos or false information were spread online, Article 16-4 provides state support for deleting the material; the offender or guardian bears the cost, and the state reclaims what it spends. A victim support assistant system also exists, in which the superintendent or district office head connects families to legal, counseling and protection services.

Order of action

(1) Once the case is filed, ask the principal about separation and emergency protection. (2) At the Committee's statement stage, say specifically which measures you need. (3) Count seven days from the request and check the date. (4) For absences, collect certificates and ask for attendance recognition. (5) Keep treatment receipts and ask the Association about a claim. If you want to challenge a measure, deadlines are in our guide to appeals.

Sources: Articles 16 and 16-2 to 16-4 of the School Violence Prevention and Countermeasures Act (version in force from November 11, 2025) and Articles 17-2 and 18 of its Enforcement Decree (version in force from January 2, 2026), as of October 1, 2026. Laws can be amended, so please check the current text on the National Law Information Center. This is general information, not legal advice on any individual case.

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

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