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ERIC Number: EJ820188
Record Type: Journal
Publication Date: 2005-Dec
Pages: 12
Abstractor: As Provided
Reference Count: 23
ISSN: ISSN-0953-9964
School Liability for Student Injury from School Violence: Comparison between South Korea and the USA
Han, Seunghee; Akiba, Motoko
Education and the Law, v17 n4 p161-172 Dec 2005
This paper examines school liability for school violence-related student injury in South Korea and the US. The study found that the US courts considered only violence-related behaviors of the perpetrator when judging whether violence can be foreseen; thus drug abuse or verbal abuse by the perpetrator were not considered as a part of his/her violent history. On the other hand, the Korean courts considered perpetrators' nonviolent behavior, such as low academic achievement or negative attitudes toward academic work, as indicators of violent history. Regarding the extent of school liability, while in Korea, schools were not held responsible for injuries to non-school-related persons caused by their students' violent acts in public, in the US, the court required schools to take legal responsibility for such cases happening during field trips. These findings help to reconsider school liability for school violence and generate suggestions for more reasonable and universal legal standards. (Contains 6 notes.)
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Publication Type: Journal Articles; Reports - Evaluative
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: South Korea; United States