Teacher Sued for Pushing Desk... What Did the Court Decide?
Reconsideration Request by Parent in Case of Dismissal
Court Rejects Reconsideration, States "Dismissal Was Justified"
The prosecution has dismissed charges of child abuse against a teacher who was accused by a parent for overturning a desk while trying to stop a fight among students. However, the parent appealed this decision, and the court ruled that there was no issue with the prosecution's dismissal. The teacher is reportedly suffering from mental distress.
According to the legal community on the 26th, the 3rd Criminal Division of the Gwangju High Court (presided by Judge Kim Seong-ju) dismissed the rehearing request filed by parent A against teacher B of Gwangju Yangji Elementary School and the principal regarding the Gwangju High Prosecutors' Office's dismissal of charges.
On the afternoon of the 24th, students are participating in a rally urging the restoration of teacher A's authority in front of an elementary school in Buk-gu, Gwangju. Teacher A was accused of child abuse by a parent after pushing a desk while trying to stop a fight between students but was cleared of charges by the prosecution.
[Photo by Yonhap News]
Previously, on April 12 of last year, B overturned a desk away from the students to stop a fight between students in the classroom and was subsequently accused of child abuse by parent A.
The police investigation concluded that B's actions of 'overturning the desk' and 'tearing up a reflection letter' constituted emotional abuse and referred the case to the prosecution. The reflection letter torn by the teacher contained the content: "(I have) no regrets. I dislike the teacher and also dislike my friends."
However, the Gwangju District Prosecutors' Office judged that B's actions did not constitute child abuse and dismissed the charges. Nevertheless, parent A filed a rehearing request with the Gwangju High Court, demanding punishment for B.
The court reviewed the case for about three months and ruled that the prosecution's dismissal of charges against B was appropriate.
Also Filed a Claim for Compensation Against the Teacher and Principal
Teachers nationwide, who have continuously condemned the reality of infringements on teachers' authority, sent over 8,000 signatures in support, calling this incident a "test for protecting teachers' rights."
[Photo by Yonhap News]
Separately, parent A also filed a civil lawsuit against the teacher and the principal, demanding a total compensation of 32.79 million KRW, including 12.79 million KRW for themselves and 20 million KRW for student C.
However, the civil court also dismissed A's claim, stating, "In educational settings where various incidents can occur, teachers who educate and guide multiple children should be granted considerable discretion," and added, "Even if the homeroom teacher responsible for many students did not make the best choice, there is insufficient evidence to recognize physical or emotional abuse."
Meanwhile, following the 'Seoul Seoi Elementary School Teacher Death Incident,' teachers nationwide who have been voicing concerns about infringements on teachers' rights sent over 8,000 pages of support signatures, calling this case a 'test for protecting teachers' rights.'
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B has been on medical leave since September, suffering from mental distress, and has been undergoing treatment and preparing for the lawsuit. It was reported that B applied for a Teachers' Rights Protection Committee at the school earlier this month. Yangji Elementary School stated that it plans to review whether the parent's continuous complaints constitute an infringement on teachers' rights.
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