Prosecutors decline to charge Bucheon teacher in child abuse case
In short
The Bucheon branch of the Incheon District Prosecution Office has decided not to indict a Bucheon Ojeong Elementary School teacher accused of child abuse by a student's parents after mediating a dispute between pupils. Police had sent the case with a no-charge opinion. It was the first case taken up by the Gyeonggi Provincial Office of Education's teachers' rights protection team; Superintendent Ahn Min-suk, who launched the team, filed a criminal complaint against the parents in August.
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The Bucheon branch of the Incheon District Prosecution Office (인천지방공소청 부천지청) has decided not to indict a teacher at Bucheon Ojeong Elementary School (부천오정초), identified only as A, on charges of violating the Child Abuse Punishment Act. The case was the first designated by the Gyeonggi Provincial Office of Education's teachers' rights protection team (교권보호단). Kyunghyang Shinmun reported that the office's Criminal Division 2 made the decision on September 22; Yonhap and Newsis reported it on October 8, citing legal circles. [ 1 , 2 , 3 , 4 ]
A was accused of child abuse by the parents of a student, B, after mediating a dispute between B and another student. Kyunghyang Shinmun reported the complaint was filed in May and that the parents reportedly told A they would harass the teacher "like crazy within the bounds of the law". Yonhap reported the parents brought both a criminal complaint and a civil suit and held a picket protest in front of the school. According to Kyunghyang Shinmun, the parents alleged that A distorted a school violence matter in which B had been reported, treated B's approach to a classmate he wanted to play with as aggression, and led B to be reported for school violence, causing him mental after-effects. [ 1 , 2 ]
Police sent the case to the prosecution office with a no-charge opinion; Yonhap noted that under current law child abuse cases must be sent there regardless of the merits. Kyunghyang Shinmun reported that prosecutors concluded A had given legitimate guidance, citing earlier disputes involving B after which A had been asked to respond actively, a homeroom teacher's need to inform the offending student and parents of harm reported by students, and A's checking of the facts with those involved. It said prosecutors on September 4 also cleared another teacher, C, whom the parents had reported for child abuse. [ 1 , 2 , 3 ]
The teachers' rights protection committee (교권보호위원회) had earlier recognised the parents' conduct as an infringement of educational activities. Gyeonggi education superintendent Ahn Min-suk (안민석) launched the team, which reports directly to him, in July, and on August 10 submitted a complaint against the parents at Bucheon Ojeong Police Station. Kyunghyang Shinmun reported the complaint was for threats, quoted Ahn as saying he would not tolerate acts that shake schools and threaten teachers, and said the parents withdrew their complaint against A the next day. [ 1 , 2 , 3 , 4 ]
Park Hyun-seok (박현석), senior deputy head of the team, welcomed the decision on October 8 as confirming that a teacher's legitimate guidance should not lead to unjust criminal liability, Newsis reported. He said the case took about four months from the May complaint and that the office would improve the system and respond firmly to malicious complaints. The team helped arrange for a lawyer to take part in A's questioning. Ahn selected 300 protection officers, up from a planned 50, after 1,823 people applied; they are 110 teachers, 30 residents and 160 experts including lawyers, doctors and police. The office plans a press conference on the 22nd to mark the officers' 60 days. [ 3 , 4 ]
Why it matters
The case was the first handled by the teachers' rights protection team set up by Gyeonggi's education superintendent, and the education office welcomed the decision. A senior team official said the case took about four months to resolve because child abuse cases must go to the prosecution office regardless of the merits, and said the office would seek to improve the system.
Key facts
- The Bucheon branch of the Incheon District Prosecution Office decided not to indict teacher A of Bucheon Ojeong Elementary School on charges under the Child Abuse Punishment Act. [ 1 , 2 , 3 , 4 ]
- A was accused of child abuse by the parents of a student, B, after mediating a dispute between B and another student. [ 1 , 2 , 3 , 4 ]
- Police sent the case to the prosecution office with a no-charge opinion. [ 1 , 2 , 3 ]
- The case was designated the first case of the Gyeonggi Provincial Office of Education's teachers' rights protection team. [ 1 , 2 , 3 , 4 ]
- Superintendent Ahn Min-suk filed a criminal complaint against B's parents with police on August 10. [ 3 , 4 ]
- Kyunghyang Shinmun reported the decision was made on September 22 and that the parents withdrew their complaint against A the day after Ahn filed his complaint. [ 1 ]
- The education office selected 300 teachers' rights protection officers after 1,823 people applied for an originally planned 50 places. [ 3 , 4 ]
Confirmed by several sources
- The Bucheon branch of the Incheon District Prosecution Office decided not to indict teacher A on child abuse charges. [ 1 , 2 , 3 , 4 ]
- A was accused by B's parents after mediating a dispute between students. [ 1 , 2 , 3 , 4 ]
- Police sent the case to the prosecution office with a no-charge opinion. [ 1 , 2 , 3 ]
- The Gyeonggi Provincial Office of Education made the case its teachers' rights protection team's first case and filed a complaint with police against B's parents in August. [ 1 , 2 , 3 , 4 ]
- The teachers' rights protection committee had recognised the parents' conduct as an infringement of educational activities. [ 2 , 4 ]
Still unclear
- Whether the parents also brought a civil lawsuit against A. Only Yonhap reports a civil suit alongside the criminal complaint.
- The exact date of the decision not to indict. Only Kyunghyang Shinmun gives a date, September 22; the other outlets reported the decision on October 8 citing legal circles.
- When the case was designated the team's first case. Kyunghyang Shinmun says Ahn designated it in August; Newsis says the team was launched in July and does not date the designation.
- Whether the parents threatened A and withdrew their complaint after Ahn's filing. Reported only by Kyunghyang Shinmun; the threat is described as reported rather than confirmed.
What local media are saying
Timeline, local time
- October 8: Kyunghyang Shinmun reports the prosecution's decision not to indict teacher A. [ 1 ]
- October 8: Yonhap reports the decision, citing legal circles. [ 2 ]
- October 8: Newsis reports the decision. [ 3 ]
- October 8: Newsis reports the education office's statement welcoming the decision, issued that afternoon. [ 4 ]