[Anchor]
We have been reporting on the infringement of teachers' rights, where educators are being sued by parents for child abuse.
The system designed to protect children is being misused as a tool for malicious complaints by some parents. Reporter Jo Yoon-ha examines whether there are any alternatives to resolve this issue.
[Reporter]
The current Child Welfare Act includes a provision that prohibits "emotional abuse that harms the mental health and development of a child."
This clause serves as the basis for parents to sue teachers for child abuse, even in the absence of physical violence or verbal abuse.
Because the concept of "emotional abuse" is ambiguous, teachers have been sued for simply having students exercise on the playground or asking them to pick up trash in the classroom.
[Teacher A/Elementary School Teacher: There are no standards at all. It is just a matter of 'I feel offended, so I should report it.']
This is why there are calls to define emotional abuse more specifically.
[Lee Deok-nan/Head of Education and Culture Team, National Assembly Research Service: (The definition) should be limited to verbal abuse or swearing that harms or negatively impacts a child's psychological and emotional development. If specific examples are listed in the law, local governments and the police can refer to them when receiving reports.]
Even if a superintendent of education determines that a teacher's actions were legitimate educational activities, the current law does not allow for the investigation to be halted once it has begun.
Furthermore, even if the police decide there is no case to answer, the matter must be mandatorily forwarded to the prosecution.
While the purpose is to protect children, it is being abused as a means to keep teachers trapped in a cycle of litigation.
In 95.2% of cases where superintendents deemed the actions to be legitimate educational activities, the cases did not even lead to an indictment.
[Lee Deok-nan/Head of Education and Culture Team, National Assembly Research Service: A system should be introduced that allows the police to investigate and, if they find no charges, close the case on their own.]
Even after enduring civil and criminal lawsuits and receiving a final verdict of innocence, there is nothing a teacher can do against the parents who filed the suit.
[Teacher A/Elementary School Teacher: They say it is almost impossible to prove false accusation (against parents). Since there is no risk for them, they just file lawsuits recklessly.]
[Teacher B/Elementary School Teacher: At the very least, a system should be introduced where parents can offer a formal apology if a teacher was unfairly sued while diligently providing guidance. Even a formal written apology would suffice.]
Teachers complain that they have to bear the burden of lawsuits alone, as there is almost no support from the government or offices of education.
The Ministry of Education recently announced plans to establish a division for the protection of teachers' rights, and several newly elected superintendents have also pledged to create organizations to protect teachers.
The most important thing, however, will be a shift in the mindset that leads people to file child abuse lawsuits first, with a "no harm done if I'm wrong" attitude.
(Reported by Shin Dong-hwan | Video by Choi Hye-young | Graphics by Kim Min-young)
※
Copying, redistribution, and unauthorized use in AI training are strictly prohibited.