Teacher Falsely Convicted of Child Abuse for Stopping Raging 6-Year-Old Cleared in Appeal

A kindergarten teacher who was previously convicted of child abuse for leaving bruises on a child's arm while restraining the child's violent behavior has been cleared of the charges in her appeal.

During the sentencing hearing today (August 19), Criminal Division 4 of the Daejeon District Court overturned the lower court's ruling, which had fined kindergarten teacher A 5 million won, and acquitted her of charges under the Act on Special Cases Concerning the Punishment of Child Abuse Crimes (aggravated punishment for child abuse by child welfare facility workers).

The court stated, "Teachers must be granted a considerable degree of discretion regarding sudden situations that arise in educational settings," adding, "If the intent required to constitute a crime is not met within the scope of exercising such discretion, it cannot be subject to criminal punishment. Accordingly, the defendant's actions in this case are difficult to view as constituting a crime."

Teacher A was put on trial after telling a 6-year-old girl, referred to as B, at a kindergarten in Sejong in 2023, "If you cry, you cannot play on the playground. No matter how angry you are, you must not hit your friends or teacher." When B began crying and throwing her arms around violently, A was accused of firmly grabbing B's arms, resulting in bruises.

Teacher A argued that her actions did not constitute physical abuse and that she had no intent to abuse. She maintained that even if it were considered physical abuse, it was a justifiable act intended to ensure the safety of the victim and other children.

However, the first-instance court stated, "Even though the situation required proper discipline for the victim's misbehavior, it is difficult to view the defendant's actions as having objective validity within social norms as legitimate childcare or disciplinary acts," sentencing her to a fine of 5 million won.

Teacher A was also indicted on charges of leaving bruises on the child's cheek by hitting her, but both the first and second-instance courts found her not guilty on those charges.

When the guilty verdict for child abuse was handed down in the first trial, teachers' organizations, including the Sejong branch of the Korean Teachers and Education Workers Union (KTU), protested, stating that it sent a message to teachers telling them "not to intervene under any circumstances," and urged the court to acquit Teacher A.

Immediately following the appeals court ruling, the KTU held a press conference and stated, "This ruling guarantees teachers' legitimate educational activities." They added, "It is a ruling that revives the educational field, which had been shrinking amidst the fear of indiscriminate child abuse reports, and allows teachers to stand proudly as educators before children once again."

The union further urged, "To stop the tragedy in the field where teachers are afraid to guide students due to the fear of reports and are forced to ignore the learning and safety rights of the majority of children, institutional improvements must be made—such as excluding emotional abuse, abandonment, and neglect that occur during educational activities from the Child Welfare Act and instead regulating them through education-related laws."

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