Potential Violation of Higher Laws and Ambiguity in Support Criteria Pointed Out

Seongnam City, Gyeonggi Province (Mayor Shin Sang-jin), has formally submitted a final “non-acceptance” opinion on the “Ordinance Bill on Recovery Support for Students Victimized by School Violence in Seongnam City,” which was recently proposed by the city council, and provided a detailed explanation for its decision.

Seongnam City Hall exterior. Courtesy of Seongnam City

Seongnam City Hall exterior. Courtesy of Seongnam City

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The city stated that, after a thorough review of the ordinance bill that included consultations with legislative advisors and lawyers, it found several major issues: a potential violation of higher laws, unclear definition of the beneficiaries and scope of support, and insufficient procedures to determine eligibility for support.


These concerns were similarly raised in the “Legal Advisor’s Review” and the “Council Review Report” commissioned by the lawmaker who sponsored the bill.


Furthermore, the city explained that an amended version with substantial changes was submitted right before the standing committee’s review, leaving insufficient time for proper legal examination. During the committee’s discussions, out-of-school youths were mentioned as potential beneficiaries, but this group was not included in the ordinance bill as proposed. As a result, the city was unable to review this aspect. The city clarified that this was because the target group for support was not reflected in the ordinance, and emphasized that there was no intention to exclude any specific group of youths from eligibility.


The city stressed that, for systems supporting victimized students, clear standards and procedures are essential for providing meaningful assistance. If the criteria are ambiguous, students and parents may become confused about which organization to seek help from and how to do so.


Additionally, the city pointed out that, under the “Act on the Prevention of and Countermeasures Against School Violence,” comprehensive support tasks for victimized students—including investigation, counseling, recovery programs, and legal aid—are the responsibility of the superintendent of education. Currently, the Gyeonggi Provincial Office of Education and the Seongnam Office of Education are providing counseling, academic recovery, and legal assistance through dedicated departments and specialized agencies.


In this context, the city expressed concern that if Seongnam City were to establish a similar support system through a separate ordinance, it could result in a duplication of support channels and inconsistent decisions by different agencies regarding the same issues, leading to administrative confusion. The city also maintained that there is no clear legal basis for local government heads to establish a separate support system for investigating or deliberating on victimized students.


Regarding the interpretation by the Ministry of Government Legislation, the city stated that “this does not mean that the ordinance can be established, but rather that the matter involves both the education office and the local government. It is necessary to comprehensively examine the legal framework and the division of roles.” The city also emphasized that, in light of the relationship with existing laws and local regulations, it was recommended to carefully determine whether to amend the ordinance or establish a separate one.


Seongnam City noted that it already has the “Ordinance on the Prevention of and Countermeasures Against School Violence in Seongnam City,” providing budgetary and operational grounds for prevention and support for victimized students. The city is currently collaborating with related organizations such as the Office of Education, the police, and the Youth Counseling and Welfare Center to operate counseling, special education, and post-recovery support programs.


Going forward, the city plans to strengthen support for victimized students by minimizing legal conflicts and administrative overlap, and to establish a more thorough support system through cooperation with related agencies.



A Seongnam City official stated, “This non-acceptance opinion is not intended to oppose support for victimized students, but is based on the judgment that the current ordinance bill could actually cause confusion in the field,” and added, “This matter should not become a subject of political strife, so as not to undermine the fundamental purpose of protecting victimized students.”


This content was produced with the assistance of AI translation services.

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