Teacher fined W5m for repeatedly belittling student's academic ability

The Supreme Court has ruled that an elementary school teacher's repeated remarks denigrating a student's academic ability constitute child abuse.

The Supreme Court's Second Division, presided over by Justice Eom Sang-pil, upheld on Sept. 10 a lower court ruling that fined Teacher A 5 million won ($3,730) on charges of violating the Child Abuse Punishment Act.

A was indicted on charges of emotionally abusing a 9-year-old student in her fourth-grade class at an elementary school in Busan in April 2024 by repeatedly making remarks that undermined the child's academic self-worth.

According to the investigation, A told the student "Study harder" and "How can you be so bad at studying?" after the child struggled to recall her score on a social studies test. On another occasion, when the student was writing a diary entry before class, A said, "Hey, is this what you should be doing right now? Go do your math workbook. How can you be so bad at studying! You stress me out."

When the student said she had solved all the math problems on her own, A responded, "Her? By herself? You didn't copy? I don't believe it" — again dismissing the child's academic ability.

The student's diary entries revealed the emotional toll of the abuse. The child wrote that A had called her bad at studying in front of classmates, leaving her so upset that she cried in the bathroom. Other entries read: "I'm glad I don't have to see the teacher on weekends," "The teacher makes me anxious," and "Because of the teacher, my confidence is slowly disappearing."

The trial court sentenced A to one year in prison, suspended for two years. In its ruling, the court said A had "far too easily abandoned the truly sacred duty and calling of a teacher — to raise children with love, care, attention, encouragement, patience and dedication into bright, clear-minded adults who can take responsibility for the future." The court added that A had "openly insulted, belittled and berated a particular student in front of other students according to her own mood, wielding what can only be called an invisible rod."

The appeals court also found that most of A's remarks constituted emotional abuse and imposed a fine of 5 million won. The appellate panel said A had "continuously and repeatedly criticized the child in front of classmates, saying she was bad at studying and in poor shape, and this constitutes emotional abuse."

However, the court noted in explaining the sentence that "there is some evidence suggesting the defendant considered ways to help the child improve academically, and it does not appear she committed the offense with active intent to abuse."

The Supreme Court upheld the lower court ruling, finding no failure to conduct the necessary review, no violation of the rules of logic and experience, and no misapplication of relevant legal principles.