Teacher Cleared of Child Abuse Charges in Appeal After Restraining Disruptive 6-Year-Old

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 acquitted on appeal.

The 4th Criminal Division of the Daejeon District Court overturned the lower court's ruling, which had sentenced a kindergarten teacher identified as A to a 5 million won fine, and acquitted the defendant during the sentencing hearing today (19th).

The court stated, "Teachers must be granted a considerable degree of discretion regarding situations that arise instantaneously in educational settings," adding, "If the intent constituting a crime is not met within the scope of 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 for telling a 6-year-old child, 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." A was accused of then grabbing B's arms tightly, causing bruises, because B cried and swung both arms wildly in a violent manner.

Teacher A argued that the action did not constitute physical abuse and lacked any intent to abuse, and 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 sentenced A to a 5 million won fine, ruling, "Even though the situation required appropriate discipline for the victim's misbehavior, it is difficult to view the defendant's actions as legitimate childcare or disciplinary measures that possess objective validity under social norms."

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

When Teacher A was found guilty of child abuse in the first trial, teachers' organizations such as the Sejong branch of the Korean Teachers and Education Workers Union (KTU) protested, claiming the ruling sent a message to teachers telling them "not to intervene under any circumstances," and urged for an acquittal.

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

The union further urged, "To stop the tragedy in the field where teachers cannot guide students out of fear of reports and must turn a blind eye to the learning rights and safety 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 regulating them through education-related laws instead."
※ Please note: This article was translated by AI and may contain errors.