Nutrition teacher referred to prosecutors over school cafeteria accident; education officials urge no-charge ruling

Gyeonggi Province education superintendent An Min-seok and the Gyeonggi Provincial Office of Education have urged prosecutors to drop charges against a nutrition teacher referred on allegations of occupational negligence causing bodily harm, in connection with a finger amputation accident at a middle school cafeteria in Gyeonggi Province last year.

According to Yonhap, An signed a petition Monday around 1:20 p.m. at the lobby of the Gyeonggi Provincial Office of Education's Gwanggyo building in Yeongtong-gu, Suwon, calling for charges against nutrition teacher B at Middle School A in Hwaseong's Dongtan new town to be dropped, and submitted it to prosecutors.

The case stems from an accident last July in which a cafeteria worker at Middle School A severed about 2 centimeters of her right ring finger while using a hand mixer.

Police determined that nutrition teacher B had been negligent in safety management and referred the case to prosecutors without detention on Dec. 26 of that year on charges of occupational negligence causing bodily harm.

Immediately after signing the petition, An said it was unjust to hold an individual nutrition teacher personally responsible for an accident that occurred while carrying out educational duties under difficult conditions, including aging facilities. "I, as superintendent, will stand up for her against this injustice," he said.

He added that he would work to persuade the National Assembly to pass legislation granting teachers immunity from liability for accidents occurring during educational activities, and that he would personally oversee the case as part of the teachers' rights protection unit's caseload.

The Gyeonggi Provincial Office of Education maintains that holding the nutrition teacher personally responsible is unjust, noting that the school had conducted workplace safety and health training as required by law and had completed a risk assessment.

The provincial office of education and the teacher's colleagues had earlier submitted a petition requesting leniency for B.

Former superintendent Im Tae-hee also personally submitted a petition to prosecutors. The cafeteria worker injured in the accident also filed a statement with police indicating she did not wish to pursue punishment.

The provincial office of education also expressed concern that prosecutors may be considering a suspended indictment.

A suspended indictment means the suspect's guilt is acknowledged but prosecutors choose not to refer the case to trial after taking mitigating circumstances into account.

"We understand that prosecutors recently told the nutrition teacher's legal representative about a possible suspended indictment," an official at the provincial office of education said. "A suspended indictment still amounts to a finding of guilt on the negligence charge, which could harm the teacher through disciplinary proceedings and the like. A no-charge ruling is what is needed."

The official added that a finger amputation accident had also occurred around the same time at a different high school cafeteria in the same area, but police had ruled no charges in that case. "Consistent rulings should be handed down in similar cases," the official said.