"The recording is not evidence"…Ju Ho-min, a teacher accused of abuse, is not guilty in an appeals court
May 13, 2025
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The case, which received a suspended sentence in the first trial, caused a big stir by triggering a conflict between teachers and parents and controversy over infringement of teaching rights.
On the 13th, the Suwon District Court's Criminal Appeals Department 6-2 (Judge Kim Eun-jung) overturned the first trial ruling that suspended the sentence of a fine of 2 million won to A, who was accused of child abuse, and acquitted him. The court judged that "the files and transcripts taken by the mother by secretly inserting a recorder into her child's coat cannot be recognized as evidence under the Communications Secret Protection Act as 'Unpublic Conversation'".
The incident occurred in September 2022 at a special class at an elementary school in Yongin, Gyeonggi-do, where Joo's autistic son, who was 9 years old at the time, attended. When the child suddenly showed signs of anxiety, Joo's wife hid the recorder in his child's coat, and later the teacher was caught making remarks such as "I hate it" and "I hate it" to the child.
Based on the recording, Joo sued the teacher for child abuse, and the case became public in mid-2023. At that time, controversy over infringement of school rights and over-complaint followed due to the social atmosphere, leading to a conflict between teachers and parents.
The first trial court secretly considered the recording to be a `justifiable act' and granted a suspended sentence, but the appellate court denied the ability to prove the recording, saying, `The victim and her mother are distinct personalities, and the mother's recorded actions do not constitute a reason for illegal sculpture.' Accordingly, Mr. A's charges are 'There is no proof of the crimebe found not guilty on the grounds that '
Joo Ho-min, who attended the trial as an audience member immediately after the sentence, once again realized how difficult it is to prove this when a disabled child is damaged"We respect the legal process, but we desperately need institutional supplementation" he said. Regarding whether to appeal to the prosecution, he said, "We will respond calmly according to the decision.'
Meanwhile, Mr. A said, `I deeply appreciate the education officials who supported me to the end.'
mj.cho@sportschosun.com