Confirmed Not Guilty: Daycare Teachers Accused of Emotional Abuse of Children with Developmental Disabilities

1st Trial "Behavior Beyond Disciplinary Scope" → 2nd Trial "Reasonable Scope, Appropriate Disciplinary Methods"

[Asia Economy Reporter Heo Kyung-jun] The acquittal of daycare teachers who were sentenced to fines in the first trial for emotionally abusing children with developmental disabilities has been finalized.

The Supreme Court's 2nd Division (Presiding Justice Lee Dong-won) announced on the 24th that it upheld the acquittal verdict from the appellate court in the appeal trial of A and B, who were charged with violating the Special Act on the Punishment of Child Abuse Crimes (aggravated punishment for child abuse by workers at child welfare facilities).

A was prosecuted on charges of hitting the wrist of a victim child after removing the child's bib while the child was sitting to eat lunch, because the child hit A's face and kept swinging their arms, and also hitting the sole of the foot with a hand when the child kicked during a diaper change.

B was accused of taking away a plastic toy box from the victim child who was disturbing other children's play and repeatedly pushing the victim's abdomen with the box.

The trial focused on whether the actions of A and B constituted emotional abuse that harms the mental health and development of the victim child.

The first trial court stated, "Even if the degree is mild, physical force was used beyond the scope of discipline as a guardian, and in the case of children with developmental disabilities like the victim, educational consideration must be given to prevent discrimination due to the disability," sentencing A to a fine of 3 million won with a one-year probation and B to a fine of 1.5 million won with a one-year probation.

However, the second trial court acquitted them, stating, "They chose disciplinary methods they considered appropriate within a reasonable range, the degree of physical force was very mild and the duration was short," and "There is no reason to believe that the victim child's physical or mental health was affected."

The analysis by a professional psychological expert, which noted that the victim child exhibited sudden and aggressive behavior and that no characteristics of child abuse were confirmed before or after the incident, was also reflected in the sentencing. The Supreme Court agreed with the second trial court's judgment.

This content was produced with the assistance of AI translation services.