Mongolian Mother Who Couldn't Send Korean Daughter to School for 30 Days Due to Visa Issues Found 'Not Guilty' in Second Trial

Elementary School in Conflict, Mongolian Mother Accused of 'Neglecting Daughter's Education'
Fined in First Trial, Acquitted in Second Trial

[Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] A Mongolian mother who was unable to send her Korean daughter to elementary school for a month due to issues with renewing her stay status was criminally prosecuted for neglecting her daughter's education, but was acquitted in the second trial.

According to the court on the 2nd, the Seoul High Court Criminal Division 5 (Chief Judge Seo Seungryeol) overturned the original ruling that sentenced Mongolian A (39, female), who was charged with violating the Child Welfare Act (child abandonment and neglect), to a fine of 5 million won, and acquitted her in the appeal trial.

Earlier, on May 22, 2019, A took her daughter B, who was enrolled as a 5th grader at a domestic elementary school, to Mongolia. This was because she could not leave B alone in Korea while facing issues with renewing her own and other family members' stay status. B returned to Korea on September 27 of the same year.

However, the school did not allow B to attend for about 30 days beyond the approved period of the submitted experiential learning application, and filed a complaint against A. The prosecution brought A to criminal trial.

A married a Korean man in 2006 and had B, but after divorce, she raised her daughter alone in Korea. However, in 2018, the government did not issue A the 'Child Rearing (F-6-2) visa' granted to immigrants raising children alone, and she lived by renewing a short-term general (C-3-1) visa.

After remarrying a Mongolian man and giving birth to a second child, A reportedly had conflicts with the school during the process of pointing out to the homeroom teacher that B was being bullied at school and faced educational discrimination, and requesting a petition related to family visa renewal.

During the trial, A's side argued, "Since I was not granted domestic stay status, I had no choice but to go to Mongolia with my daughter, and during the absence period, I educated her by attending a native English academy and having her complete study materials," adding, "There was no neglect or intent to neglect education." They also emphasized A's strong educational enthusiasm, noting that B had attended international and alternative schools before enrolling in the elementary school involved in this case.

The first trial sentenced A to a fine of 5 million won. At that time, the court stated, "The defendant, who lived by temporarily leaving and re-entering the country whenever her visa expired, appears to have gone to Mongolia to resolve the re-entry issue of a Mongolian man unrelated to her daughter's education," and pointed out, "Considering that the defendant refused contact from school officials trying to confirm the student's safety, it is difficult to see that she did not send her daughter to school due to unfamiliarity with Korea's educational system and related procedures."

A appealed the first trial verdict. In the appeal trial, B appeared in court and testified, "I was not neglected in my education." When asked by the court if she had anything else to say, she replied, "I hope my mother is not punished."

In her final statement, A said, "It was very hard to have my child sit in the witness stand. I was very inadequate," and appealed, "I hope foreign women like me do not suffer like this in the future. Please see foreigners as humans, not aliens."

The second trial accepted these claims and acquitted her. The appellate court stated, "The defendant, as a biological mother, had continuous interest in education," and "The homeroom teacher also informed the defendant that leaving the child alone and going abroad could constitute neglect under the Child Welfare Act."

Furthermore, "Based on the evidence submitted by the prosecution alone, it is difficult to see that the defendant neglected her daughter's education," and added, "The original ruling that found the defendant guilty of the charges cannot be maintained."

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