Supreme Court Rules Teacher's Restraint of Student is Exercise of Authority, Not 'Abuse'

The Supreme Court overturned a lower court ruling that had punished a teacher for child abuse after the teacher used inappropriate language while restraining an elementary school student who was disrupting class, thereby acknowledging the teacher's legitimate authority to provide guidance. The Supreme Court's first division (Presiding Justice Shin Sook-hee) remanded the case of Mr. A, who was indicted on charges of violating the Child Welfare Act, back to the Suwon District Court during an appellate review.

Previously, the lower courts found Mr. A guilty for telling a 10-year-old student who lied during a physical education performance evaluation in June 2019 that they were a 'swindler' and 'disgusting to look at,' or for mentioning their parents, ordering a fine of 2 million won and completion of a treatment program.

The Supreme Court determined that the student's behavior constituted classroom disruption that infringed upon the learning rights of other students and the teacher's teaching rights. Additionally, the Court judged that Mr. A's remarks were intended to calm a student who had failed to control their emotions during the educational guidance process.

In educational circles, voices are urging the National Assembly, the Ministry of Education, the police, and other relevant agencies to make a policy shift in light of this ruling.