Supreme Court Recognizes Disciplinary Guidance as Legitimate

"A Just Outcome," Says Kim

Teachers Discouraged by Fear of Reports... Highlighting a Bitter Reality

Kim Daejung, former Superintendent of Integrated Education in Gwangju, Jeonnam, expressed strong support for the recent Supreme Court ruling that found an elementary school teacher not guilty of emotional child abuse in connection with the teacher's student guidance activities.


On July 9, Kim stated on his Facebook page, "This is an absolutely obvious and just ruling," emphasizing, "A teacher's legitimate student guidance should never fall within the jurisdiction of the judiciary."

Daejung Kim, Former Superintendent of Integrated Education in Gwangju, Jeonnam

Daejung Kim, Former Superintendent of Integrated Education in Gwangju, Jeonnam

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Previously, the Supreme Court's First Division overturned a lower court's conviction of an elementary school teacher for violating the Child Welfare Act (child abuse) and remanded the case for retrial.


The Supreme Court held that the teacher's disciplinary action did not exceed the discretionary authority for student guidance, and that emotional abuse must be strictly defined as conduct posing a significant risk of impeding a child's normal development.


In response, Kim stated, "I fully agree with teachers' associations that the excessive judicialization of schools must come to an end," adding, "Problems that arise in the classroom should be resolved through educational means, and approaching them with a judicial perspective can undermine the essence of education."


He cited as a model case the recent positive outcome of the controversy over students from Paichai High School in Seoul cheering at a baseball game, which was resolved through apologies and reconciliation among those involved. Kim commented, "The 'educational resolution' directly demonstrated by the parties has vividly shown how deeply and positively such outcomes can influence our society."


Kim's actions reflect the harsh reality of educational settings, where teachers' morale has been severely dampened due to a sharp rise in child abuse reports.


According to actual statistics, the number of reported child abuse cases surged by 18.9% over the past four years, rising from 42,251 cases in 2020 to 50,242 cases in 2024. Teachers' associations have consistently complained that the flood of child abuse reports filed over disciplinary action has made it impossible to provide proper student guidance.


Among teachers in the field, there are even signs of the so-called "fence rule" phenomenon, where teachers are abandoning or minimizing student guidance altogether out of fear of complaints from parents or reports to the police.


Kim repeatedly called for improvements to the institutional limitations that restrict educational activities. He stated, "I hope that, spurred by this ruling, the Child Welfare Act will be revised so that legitimate student guidance and educational activities in schools are not undermined, and that indiscriminate complaints and child abuse reports will decrease."



He also pledged, "The Gwangju-Jeonnam Integrated Special City Office of Education will do its utmost to ensure that both teachers' rights and students' right to learn are harmoniously protected in educational settings."


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