The National Human Rights Commission of Korea(Chairperson, Hyun Byung-chul) concluded that it is a human rights violation to investigate students regarding school violence at night without notifying the plan for investigation to their parents.
Accordingly, the NHRCK recommended the head of the school concerned to conduct human rights education on teachers and the Minister of Education to devise guidance on night investigation regarding school violence.
The four complaints filed complaints to the NHRCK, saying that the teachers concerned conducted investigation on students, their children, who were 1st year of middle school, until midnight, all doors closed at school, and teachers did not notify the complaints about the investigation.
In response, the teachers stated that night investigation was inevitable because official curriculum of the day ended late, and they do not remember whether they notified plan for investigation, but the investigation was conducted with some of parents being present, and the investigation ended around 11 pm.
The NHRCK confirmed that night investigation was conducted until 11 pm and teachers did not officially notify parents about night investigation, despite the fact that some of parents were aware of the night investigation.
The NHRCK concluded that even though it was to investigate school violence, night investigation could violate rights to sleep and rest of those under investigation and could pose severe impact on people's physical and psychological health.
The NHRCK also concluded that conducting night investigation on students under 13 without notice to or consent of their parents violates children's right to rest guaranteed under the UN Convention on Rights of Children and right to happiness guaranteed under Article 10 of the Constitution.
The NHRCK, however, concluded that with no guidance from the Ministry of Education on night investigation regarding school violence exists, it is difficult to assume that teachers deliberately conducted night investigation. Accordingly, the NHRCK advised the head of the school concerned to provide human rights education on teachers and Minister of Education to create guidance on human rights which prioritizes interests of children, in order to prevent recurrence.
