Student in 'Teacher Sexual Harassment' Case Loses Disciplinary Appeal Lawsuit... "'Sexy' Term Belongs to Popular Culture" [Seocho-dong Legal Story]

A student who said to a teacher during class, "Teacher, shall I show you something sexy?" and pulled down their clothes to the chest was disciplined by the school and filed a lawsuit in objection but recently lost in the first trial.
[Image source=Yonhap News]

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At 8:12 a.m. on August 31 last year, in a classroom of a Korean international school in China, student A asked teacher B twice during class this question. A was a 10th-grade student (equivalent to 1st year of Korean high school) at the school. Although teacher B stopped him and continued the lesson, A pulled down his jumper to his chest, revealing that he was wearing nothing underneath.

Eventually, A was called out to the hallway and scolded by teacher B. He was called out again for trying to slam the door hard when re-entering the classroom, and at one point waited with his arms crossed for additional guidance.

On September 15 of the same year, a disciplinary committee meeting was held at the school. A’s father said to the committee, "I don’t know the details, but I will discipline him at home to prevent recurrence." The committee then imposed measures including a 10-day suspension, 20 hours of special education for A, and 20 hours of special education for his guardian.

A was assigned 15 points for educational activity disruption, which normally would have required a class transfer, but due to the school’s size and other circumstances, this was not possible, so the penalty was mitigated to allow him to complete his studies within the school. At teacher B’s request, a public apology was initially ordered, but the principal later withdrew the apology requirement.

A and his parents sought to have all disciplinary actions canceled by filing a lawsuit. They argued that they were not given a proper opportunity to explain before the committee meeting as they were not informed of the specific facts, and that A had no intent to sexually harass the teacher nor did he display rude behavior.

According to the court on the 27th, A’s side recently lost in the first trial. The Seoul Central District Court Civil Division 45 (Presiding Judge Kim Kyung-soo) first ruled that there was no procedural defect in the disciplinary action. The attendance notice received before the committee meeting specified the reasons, and A was given the opportunity to be heard during the meeting. A’s own written statement confirmed details such as "(the teacher) scolded me and said it was the second warning," and "I was upset and had difficulty closing the door. Knowing that slamming it hard would cause problems, I adjusted the door and entered the classroom."

The court also stated, "Even if the word 'sexy' is used positively in mass media, that is only applicable within the realm of popular culture where individuals can choose their usage." It pointed out that "Considering the circumstances at the time, the reactions of witnesses, and the relationship between the parties, A’s behavior was inappropriate sexual conduct." "It cannot be assumed that teacher B must endure this simply because she taught A for a considerable period," and added, "The establishment of sexual harassment does not require the perpetrator to have sexual motivation or intent."

Furthermore, "According to CCTV footage, the height difference between the two can be confirmed. Teacher B’s height reaches only about A’s shoulder line, and A, with superior physical stature, stared while placing his hands on his waist before forcefully opening the back door of the classroom and entering," adding that this constitutes "educational activity disruption under the relevant Education Officials Act."

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