Supreme Court rules teacher pulling student's arm not child abuse

(123rf)

A teacher who was accused on charges of child abuse for scolding and pulling a student’s arm has been ruled not guilty, the court announced Monday.

South Korea’s Supreme Court overturned a lower court’s ruling that had imposed a fine of 1 million won ($730) on the teacher, identified only by the surname Choi, for child abuse charges and sent the case back to the Uijeongbu District Court for review.

The incident occurred on March 14, 2019, when the teacher allegedly shouted at a second grade student, “get up,” pulling the child’s arm after the student refused to participate in class activities and later ignored instructions to go to the cafeteria for lunch. Both the trial and appellate court had ruled Choi’s action as physical abuse and assessed a 1 million won fine, asserting that Choi could have used other disciplinary measures, such as nonphysical methods.

But the Supreme Court saw the case differently.

In reversing the lower court's verdict, it said Choi’s actions were “within the scope of educational activities.”

“As long as there are no special circumstances, a teacher’s act of educating a child under regulations cannot be assessed as an act of abuse prohibited under the Child Welfare Act,” the court said in its ruling. “Even if the student experienced physical discomfort in the educational process, it cannot be considered a violation of the Child Welfare Act if it falls within the scope of lawful education.”

The court added that the authority of teachers must be respected and that teachers have a certain degree of discretion in their guidance activities.

By Ahn Sung-mi(sahn@heraldcorp.com)