A 5 million won ($3,600) fine has been finalized against an elementary school homeroom teacher who repeatedly told a pupil, in front of classmates, that the child was bad at schoolwork. The courts found that public humiliation and scolding amount to emotional child abuse, even if the teacher partly intended to improve the student's academic performance.
The Supreme Court's Second Division, with Justice Eom Sang-pil as the presiding justice, dismissed the appeal filed by the teacher, identified only as A, who had been indicted for violating the Act on Special Cases Concerning the Punishment of Child Abuse Crimes, legal sources said on the 11th. The ruling upholds the lower court's decision imposing the 5 million won fine.
A, who worked at an elementary school in Busan, was indicted on charges of emotionally abusing a fourth-grade student in their homeroom class in April 2024 by repeatedly making insulting remarks in front of other pupils.
According to the investigation, A told the student: "You should go to after-school math classes. How can you be that bad at studying?" and "What are we going to do if you're that bad at studying? You're stressing me out."
During a Korean language class, A said, "All your friends know you don't study." When the student said they had completed all the problems in a math workbook, A publicly questioned the claim, saying, "Didn't you copy it? I don't believe you."
The student wrote in a diary, "I was upset and cried in the bathroom," and "My confidence is slowly disappearing because of my teacher." The diary was submitted during the trial as evidence of how A's words affected the child.
The first trial court found A's conduct to be emotional child abuse and imposed a one-year prison term suspended for two years. It also ordered 160 hours of community service and a five-year ban on employment at institutions involving children.
The court found that A, acting on personal emotions, humiliated and berated one particular student, then 9 years old, in front of classmates. It also took into account that the young victim found it difficult to respond appropriately to the teacher's words and suffered considerable psychological harm.
The appellate court also found that A's conduct constituted emotional child abuse. A argued that the student's statements lacked credibility, but the court rejected that claim based on evidence including the student's diary.
The sentence, however, was reduced significantly. The appellate court cut the penalty to a 5 million won fine, citing circumstances suggesting A had given some thought to ways of improving the student's academic performance and that it was difficult to conclude the teacher had acted with an active intent to abuse. It also ordered A to complete 40 hours of a child abuse treatment program.
The Supreme Court dismissed the appeal, finding no misapprehension of legal principles that would affect the outcome. The 5 million won fine was thereby finalized.