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As cyberbullying through group chats becomes more common, students who did not directly post insulting or defamatory messages are increasingly being included in school violence investigations conducted under Korea’s school violence response system.

In many cases, students and their parents assume that there will be no consequences because the student did not personally use abusive language. However, investigators and the School Violence Countermeasures Deliberation Committee may examine not only whether the student made direct comments, but also how the student participated in the chat and reacted to the conduct of others.

This article explains how Korean law and court decisions assess a student’s level of participation in a group chat and how the severity of a school violence measure may affect the student in practice.
 

Cyberbullying, Social Exclusion, and Disciplinary Measures under Korean Law

Article 2 of the Act on the Prevention of and Countermeasures Against Violence in Schools expressly includes both social exclusion and cyberbullying within the definition of school violence.

Under the Act, social exclusion generally refers to conduct in which two or more students repeatedly subject a particular student to physical or psychological attacks that cause distress. Cyberbullying includes social exclusion and other conduct carried out through information and communications networks that causes physical, psychological, or financial harm.

When school violence is established, the School Violence Countermeasures Deliberation Committee may request that the superintendent of the relevant local education office impose one or more of the following measures on the student responsible.
 

Source: Article 17(1) of the Act on the Prevention of and Countermeasures Against Violence in Schools

A student or parent who disagrees with a measure may challenge it through an administrative appeal under Article 17-2 or an administrative lawsuit under Article 17-3 of the Act.
 

How Korean Courts Assess Participation in a Group Chat

Korean courts interpret the concept of school violence broadly.

In Seoul Administrative Court Case No. 2014Guhap250, the court held that school violence is not limited to the specific categories listed in the statute, such as assault, defamation, or insult. It may also include similar conduct that causes physical, psychological, or financial harm to a student.

Courts have also distinguished cases according to the extent of the student’s participation.

In Seoul Central District Court Case No. 2017Kahap80876, the court considered disparaging remarks exchanged in a group chat that the alleged victim had not joined. The court held that it was necessary to examine whether the conduct was directed at causing harm to the student at the time it occurred and whether actual harm resulted. The later disclosure of the chat, by itself, was not necessarily sufficient to establish school violence.

Practical investigation guidelines also reflect the importance of the degree of participation.

Guidance issued by Korea’s Ministry of Education and local education authorities recognizes that school violence may arise not only between the direct aggressor and the victim, but also in a broader peer environment involving students who encourage, support, or passively tolerate the conduct. As a result, investigators may review the statements and reactions of all participants in the group chat.

Accordingly, the absence of a direct insulting message does not automatically exclude a student from the investigation.

At the same time, simply being present in a group chat does not, by itself, establish participation in school violence. The decision may depend on whether the student repeatedly reacted in support of ridicule or exclusion, actively encouraged the conduct, helped spread the content, or otherwise participated in a way that contributed to the harm.
 

Factors Used to Determine the Level of Participation

During the investigation and committee review, the following factors may be considered together.


▪️Frequency and content of messages

Even where the student did not post direct insults, repeated emojis, short comments, or other reactions supporting the ridicule may be viewed as evidence of participation.


▪️Reason for remaining in the group chat

Investigators may examine whether the student understood that the conduct was continuing, how long the student remained in the chat, and whether there was a reasonable explanation for not leaving, such as the chat also being used for class notices or group activities.


▪️Scope and context of screenshots

Screenshots are often used as key investigative materials, even when the original messages have been deleted. However, a partial screenshot may not show the entire context, so the messages before and after the captured conversation should also be reviewed where possible.
 

The Practical Impact of Different School Violence Measures

The retention period of a school violence measure in a student’s school record differs according to the level of the measure.
 

Source: Article 22 of the Enforcement Rule of the Elementary and Secondary Education Act

Measures 4 through 7 may, in certain circumstances, be deleted upon graduation if the student has faithfully completed the measure and is considered unlikely to reoffend, following review by the school’s dedicated school violence body.

Beginning with the 2026 university admissions cycle, school violence records must be reflected across university admissions pathways in Korea. The specific method of assessment varies by university, but the level of the measure may have a direct impact on the student’s admissions prospects.

For this reason, where a student’s role in a group chat is unclear, it is important to explain the entire conversation, the student’s actual level of participation, and the reason the student remained in the chat from the earliest stage of the investigation.
 

Legal Support for Group Chat and Cyberbullying Cases

Group chat and cyberbullying matters may involve several stages, including the review of chat screenshots, assessment of the student’s level of participation, preparation for investigator interviews and committee proceedings, and, where necessary, administrative appeals or litigation challenging the final measure.

The School Violence Practice Team at Decent Law Firm advises students and parents from the initial investigation stage through committee proceedings and post-decision challenges.

Where a child has received notice of an investigation involving a group chat, the full conversation and the circumstances of the child’s participation should be reviewed before a written statement is submitted.

This article is provided for general informational purposes only and does not constitute legal advice for any specific matter.