팔 휘두르는 아이 제지하다 멍...‘학대’ 기소된 유치원 교사 2심서 무죄

A teacher at a kindergarten was initially found guilty of child abuse for restraining a 6-year-old boy who was crying and swinging both arms, but on appeal, the court ruled him not guilty. The court acknowledged the teacher's discretion in dealing with sudden situations in the educational environment. The case involved a teacher named ㄱ씨 who was accused of restraining a child, ㄴ양, who was crying and swinging both arms.

The teacher had told the child that if he cried, he couldn't play at the playground and that hitting friends or teachers was wrong. However, during the trial, the court acknowledged that the teacher's actions did not meet the requirements for criminal intent and therefore were not considered a crime. The teacher, ㄱ씨, had argued that the act did not constitute physical abuse and was a necessary measure to ensure the safety of both the injured child and other children.

Both the first and second instances of the trial concluded that the teacher was not guilty. The Sejong Kindergarten Union and the Korean Teachers' Union welcomed the second-instance ruling, stating that it highlighted the need for clear and rational judgment criteria to distinguish between educational activities and child abuse.

The union also emphasized the need for better legal and administrative support for teachers facing accusations of child abuse during educational activities.