A kindergarten teacher who stood trial on charges of leaving bruises on a child's arms while trying to restrain the child's violent behavior has been completely cleared of child abuse charges.
Prosecutors announced today (September 8) that they will not appeal the appellate court's acquittal of A, who had been charged with violating the Act on Special Cases Concerning the Punishment of Child Abuse Crimes (aggravated punishment for child abuse by child welfare facility workers).
As a result, the acquittal handed down to A has been finalized.
A was indicted for allegedly grabbing 6-year-old B's arms tightly, leaving bruises, at a kindergarten in Sejong in 2023. Prior to the incident, A had told B, "If you cry, you cannot play on the playground. No matter how angry you are, you must not hit your friends or teacher," and proceeded to restrain B as the child cried and thrashed violently by swinging both arms.
A argued that the actions did not constitute physical abuse and lacked any intent to abuse, and that even if they were deemed physical abuse, they constituted a justifiable act aimed at ensuring the safety of the victim and other children.
However, the first-instance court sentenced A to a fine of 5 million won, stating, "Even though the situation required appropriate discipline for the victim's misbehavior, it is difficult to view the defendant's actions as having objective validity within social norms as a legitimate form of childcare or discipline."
The appellate court reached a different conclusion.
Overturning the lower court's ruling, the second-instance court acquitted A, stating, "Teachers must be allowed to exercise a considerable degree of discretion regarding situations that arise momentarily in educational settings."
Teacher organizations, including the Korean Teachers and Education Workers Union (KTU), which had previously protested the guilty verdict in the first trial, welcomed the acquittal, calling it "a ruling that guarantees legitimate educational activities for teachers."
(Photo: Yonhap News TV capture, Yonhap News)
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