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Justice Within A School, Is It Alive?

▲Michuhol Foreign Language High School, a school full of talented and energetic students. Entering the school, it is not hard to notice a sense of freedom that permeates the air. However, it's not just about freedom. At Michuhol Foreign Language High School, students are also responsible for their own guidance and welfare system.

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 Since 2022, in Michuhol Foreign  Language High School, we have been able to find an extraordinary system, which is hard to see elsewhere: A Separation of Powers. It indicates dividing power into three branches so that no individual or group will have too much power. The system that is used to govern government national politics, is now being used by Michuhol High students. 

 

 This system has three groups: The Legislature, The Administration, and The Judiciary. Although many students know this system exists, there is a lack of information about what this specific party does, or if this system is really helping students or not. This time, we are gonna dig deep into the Judiciary,  which is also called the Student Self-Governing Court. For this article, I interviewed Jeong Ji-yoon, a student who serves as the Supreme Court justice and head of the judiciary and Yang Min-Jeong, the teacher who takes charge of student council management. 

What the student Judiciary is, and what they do

 The official name of the student Judiciary is Student Self-Governing Court. The official task of the Judiciary is to put students who engage in behavior that violates school rules on trial and impose an educational punishment on them. At the start of the second semester, SSGC(Student Self-Governing Court) elects four people for four positions: the Judge, the Attorney, the Prosecution, and the Clerk. These positions are selected from the first-year class, and because it is a school tradition that third-year students do not have a substantial role in the judiciary, the judiciary consists of eight members for the year (sum of the members of the first and second grade).

 

 The judicial process is as follows. First, when the student’s penalty points in school are over 8 points, the teacher in charge recognizes who the student is and sends information about the student to the judiciary. After selecting the date of trial, the attorney and the prosecution start readying for the trial. They interview the person brought to trial and prepare evidence to state in court. The trial concludes with the student fulfilling the educational sanctions imposed after the trial. 

About revising school regulations 

 The progression of trials is the major job of SSGC, but that is not all. The judiciary is affiliated with the student council and is in charge of a variety of tasks such as recycling, event progress, student outing management, and other small works improving student welfare. Also, the institution is currently amending the code so that the code can be applied in the next term. 

 

 As amending the school regulations is a significant change that might influence the atmosphere of the school in the future, it would take a year to make a change to the school code. When the 14th generation (the class of 2023, currently the freshman class) is elected in the second semester of this year, this change will be normalized and come into effect. Instead, the current judiciary is putting a place for it in the bylaws so that the judiciary can actually operate by creating a system to open courts.

The collapse of the separation system of the three powers, the start of cooperation. The student council legislating together

 Let’s look at the concept of separation of powers again. The point of this system is to make various institutions to keep the balance of power. But in Michuhol Foreign Language High, the checks are not pivotal, the cooperation is. This emphasis is revealed in the fact that the judiciary is concerned with revising the school regulations, which is not its original task.

 

 The legislature is in charge of changing the school code, but the issue is too big for the legislature to decide alone, so the three branches are working together to change the code. However, the legislature is still the main force behind the changes, and the judiciary is in charge of changing educational dispositions.

However, does this cooperation mean the collapse of the separation system? In fact, even though they have a big meeting, there are small checks among the three branches. During the course of the meeting, they keep each other in check by pointing out problems about their opinions or suggestions.

 

 They do not interfere with each other’s work. Also, there is no authority or job to keep each other in check. However, given the fact that this is limited only to school work, and the fact that the school council's motto is to work together and communicate with each other, it seems that the school council is managing well. 

How far can the power of student self-governance courts reach?

 Many students have wondered about the question above since the judiciary was established. The judiciary is in touch with a sensitive area as it is the body that takes direct action by imposing punishments to guide students to good behavior. How much power does the SSGC have? Can it judge or punish school violence? If they get too involved, won't it be impossible to get the right punishment for students? 

 

 In fact, The scope for the judiciary to intervene by holding a trial is fairly narrow. 

 

Disobeying a teacher's instructions

Disrespectful behavior toward school staff or community members.

Disruptive postings and handouts.

Possession of a cell phone on school property

Poor classroom behavior or self-directed learning

Negligence in cleaning up after themselves, participating in extracurricular activities, or fulfilling other student responsibilities

Behavior inconsistent with student status

Negligence in performing cleaning, extracurricular activities, or other student responsibilities

Conduct inconsistent with student status

 

 That's all the judiciary can get involved with. Sensitive and high-stakes offenses like drinking, smoking, truancy, and bullying will be referred to a higher-level committee than the student affairs committee, such as the Leading Committee or the School Violence Self-Governing Committee. 

 

 However, although the regulation of the student self-governance courts is narrow, the question remains: If they only cover such a small scope with doctrine, courts would not be held as often. So does the presence of the judiciary as a tribunal actually help students? And even if there were more courts held, would students be able to make more rational decisions than teachers?

Improvements, and needed developments

 It is only about three-quarters of the way through the 13th governing council, as the change of government is generational. There are many programs that have been prepared but have not yet been implemented. There are also external consulting services for the Autonomous Court and Autonomous Council. As a result, next year, the judiciary will add the position of jury foreman to the judiciary, allowing students to directly participate in municipal courts to ensure that student opinions are actively taken into account, the judiciary said.

 

Lim Nayun(2-8)¹ | Staff Reporter


1) nayunqq0603@naver.com