"Why Should Teachers Bear Full Responsibility for Field Trip Accidents? The Need for State and Local Government Involvement"

Published 11 May.2026 14:40(KST)

In accordance with President Lee Jaemyung's directive, discussions on revising the system to adjust the scope of teachers' criminal liability in the event of accidents during school field trips are gaining momentum. A key proposal among these is the introduction of a “State Litigation Responsibility System,” under which the state or local governments would conduct lawsuits on behalf of teachers. As calls to ease the legal burden concentrated on individual teachers grow louder, there is a possibility that this system may be taken up in future legislative discussions.

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The driving force behind this initiative is concern after recent court rulings acknowledged teachers' criminal liability in relation to field trip accidents, leading to a growing reluctance to organize experiential programs such as excursions and school trips.

On February 1, Judge Shin Dongil of the Chuncheon District Court rendered a verdict regarding an incident in Sokcho in 2022, where a sixth-grade elementary student died after being struck by a vehicle during a field trip. The accompanying teacher was sentenced to six months in prison, suspended for two years (case number: 2023GoDan1158). The court found that the teacher had failed to fulfill the duty of care necessary to ensure student safety and recognized liability for occupational negligence resulting in death.

A teacher from the metropolitan area, who asked to remain anonymous, stated, “In reality, our school hardly conducts field trips anymore and instead replaces them with in-school experiential classes or other programs. Other schools around us are moving in a similar direction.” The teacher added, “If teachers are expected to bear full responsibility for accidents that occur during events organized for students’ memories, there is a strong sentiment questioning whether teachers should take such risks by holding field trips at all.”

In response, the National Assembly and related organizations are considering the “State Litigation Responsibility System” as an alternative, which would allow the state or local governments to become the litigating party for accidents or disputes arising in the course of legitimate educational activities. The intent is to relieve teachers from having to directly respond to criminal or civil lawsuits themselves.

Cheon Haram, floor leader of the Reform Party and a member of the first bar exam cohort, told the President on April 29, “The reason teachers are reluctant to take students on excursions, retreats, or school trips is not simply a matter of being afraid of maggots in the soybean paste jar. I have frequently heard that the real problem is that, when the jar breaks, frontline teachers are left to bear all the responsibility alone.” He continued, “Even when malicious complaints are made, no one acts as a shield for teachers, and when an accident occurs resulting in criminal charges or civil lawsuits, teachers are told to handle it themselves. If the state takes responsibility and teachers do not have to go to police stations or courts, the educational environment will become much more vibrant.”

Previously, on April 28, President Lee also raised the need for system improvements during a Cabinet meeting, mentioning the decline in field trip activities. President Lee asked, “Are these trends occurring because group activities and field trips, which are important for learning, are being avoided due to concerns about safety incidents or the burden of management responsibilities?” Minister of Education Choi Gyojin responded, “Yes.” On April 30, the President instructed both the Ministry of Education and the Ministry of Justice to “gather opinions from various sectors regarding field trips through public debate.”

Byun Seongsuk, representative attorney at the Eduro Education Law Institute and a member of the second bar exam cohort, commented, “Simply subsidizing attorney fees in cases related to violations of educational activities or school safety incidents is not enough to alleviate teachers’ fears. If a system is established in which the state directly handles litigation, it will provide significant assistance to teachers.”