▲ The Supreme Court in Seoul (Yonhap)

special education teacher-top court

Top court rules special education teachers subject to aggravated punishment for child abuse

SEOUL, Nov. 14 (Yonhap) -- The Supreme Court ruled Tuesday that special education teachers are subject to aggravated sentences in case they commit child abuse under the same law that demands harsher punishment for teachers required to report such crimes.

A special needs teacher was indicted for physically assaulting a student with autism on two occasions after the child hit him at an elementary school in Seoul's Dongjak district in 2018.

The district court and the appeals court sentenced the teacher to six months in prison, suspended for two years, along with an order to undergo 40 hours of child abuse prevention courses and a five-year ban from being employed in child-related facilities.

But the district court ruled the special needs teacher had a duty to report child abuse cases, whereas the appellate court said the defendant was not a teacher recognized by law and was thereby exempt from the duty.

The act on the punishment of child abuse crimes stipulates that people employed by child welfare facilities have a duty to report child abuse and subjects them to an aggravated punishment of one-half times their sentence in case they commit the crime themselves.

The Supreme Court sent the case back to a lower court last month, saying the special education teacher is part of the teaching staff and works at a school designated by the Elementary and Secondary Education Act, and is thereby obligated to report child abuse and subject to aggravated punishment.

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