Support for school attendance of children who fall victim to domestic violence
School attendance in region other than the place of residence
-If a victim or a family member accompanied by the victim (referring to a person who is protected or brought up by the victim) is under the age of 18, he/she may attend a school located in a region other than his/her place of residence (Article 4-4 (1) of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).
Entry and transfer into elementary school
- If the occurrence of domestic violence is acknowledged, the child who is a victim or the child who is a family member accompanied by the victim (hereinafter referred to as the “child victim”) is eligible to go to an elementary school located in a region other than his/her place of residence (Article 1-3 (1) of the “Enforcement Decree of the Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).
- If the occurrence of domestic violence is acknowledged, the head of an elementary school must recommend the transfer of the child victim to the head of a district office of education with the consent of one guardian of the child victim. In this case, the head of a district office of education must designate a school and transfer the child to the designated school (Article 1-3 (2) of the “Enforcement Decree of the Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).
Transfer to middle school and high school
- If the domestic violence is acknowledged to have occurred to a child victim who goes to middle school or high school, the head of the school must recommend the child victim to be transferred to another school. In this case, the head of a district office of education must designate the school to which the child will be assigned (Article 1-3 (3) and (4) of the “Enforcement Decree of the Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).
Duty of confidentiality for the fact of transfer or special entry
Duty of management and supervision not to disclose
- The head of an Eup/Myeon/Dong, the head of a school, the head of a district office of education, or a superintendent of education must manage and supervise to prevent measures such as the transfer or special entry into another school from being disclosed to any person other than admission officers (Article 1-3 (5) of the “Enforcement Decree of the Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).
Duty not to disclose the fact of sending a child victim to school, his/her admission to school, changing his/her school or entering facilities
- A teacher or staff member of a school or nursery, who is in charge of the education or care of the children under the protection of victims or child victims, is prohibited from disclosing the fact of sending the relevant children to schools, their admission to schools, changing their schools or entering facilities (including the change of facilities) to anyone, including persons with parental authority who are domestic violence offenders, without any reasonable cause (Article 18 (3) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence”).