교원단체 “아동학대법서 생활지도 제외” 총력전…복지부·법무부는 ‘난색’

Three educational organizations are actively opposing the exclusion of teachers' life guidance from child abuse legislation. They staged a one-man protest rally, among other activities, as the regular legislative session looms. However, concerns have been raised that singling out specific groups could undermine fairness and create gaps in child protection.

The Korean Teachers' Union, the National Teachers' Union, and the National Union of Educational Organizations are among the three groups of educators calling for legislative reforms over the next four days, starting from the 18th of this month. Simultaneous protests are planned in front of the National Assembly, the Ministry of Health and Welfare, and the Ministry of Justice.

The first day will feature speeches from each organization's chairpersons. The reform push comes as the legislative session approaches on September 1st. The three educational bodies argue that the current child welfare law's vague definition of "emotional abuse" leads to overly generous dismissals of teacher allegations. Over 90% of reported teacher-related child abuse cases end without formal charges.

Teachers claim that the fear of unfounded accusations deters them from implementing proactive life guidance, which could jeopardize students' learning rights. The educational bodies are seeking amendments to the Child Abuse Prevention Act to clarify when teacher conduct constitutes abuse and when it is merely disciplinary action.

They also request that the judicial process for child abuse cases involve direct checks by prosecutors. The Ministry of Health and Welfare and the Ministry of Justice oppose the changes, arguing that granting exceptions for teachers could create inequities in how other professions are treated. The Ministry of Health and Welfare is particularly cautious about empowering prosecutors to make initial judgments on whether a teacher's actions constitute abuse, a disciplinary issue, or a serious case requiring involvement from a detective agency.

Meanwhile, legal scholar It is said that removing teachers from the scope of child abuse legislation without a clear legal framework would contradict international conventions on children's rights. She suggested that schools should instead establish their own procedures for addressing cases of potentially harmful teacher behavior, while still protecting teachers' rights to engage in legitimate educational activities.