Elementary Student Injured During "Beanbag Toss" in Classroom... Parent Files Criminal Complaint Against Teacher Two Years Later

Parent Claims "Failure to Fulfill Duty to Protect Student"

Teacher Responds "Unforeseeable, Accidental Incident"

Education Sector Warns "Criminal Penalties for Accidents May Hinder Educational Activities"

A parent of an elementary school student filed a criminal complaint against the teacher two years after a classroom accident during a “beanbag toss” activity resulted in the student getting injured.

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According to the education sector on September 22, a parent, identified as A, from an elementary school in Geumcheon-gu, Seoul, reported teacher B to the police for professional negligence resulting in injury, alleging negligence in ensuring student safety.

In the complaint, A stated that in June 2024, their child, who was in fourth grade at the time, slipped and fell in the classroom while tossing and catching beanbags, resulting in a patellar dislocation and other injuries that required more than six weeks of treatment. A also claimed that even now, the child continues to experience symptoms such as pain, swelling, and numbness.

In the complaint, A argued that the classroom floor posed a slipping hazard to students wearing socks, and that the beanbag activity itself carried the risk of accidents during landing and balance maintenance.

A further alleged that teacher B violated their duty of care to protect student safety and instructed students to engage in an inappropriate activity in a dangerous environment, resulting in the injury.

A beanbag is a toy made from a small fabric pouch filled with beans or plastic. At the time, students were following B’s instructions to toss the beanbag toward the ceiling, clap several times, and then catch it again.

Throwing and catching beanbags. Yonhap News

B, who retired in 2020, was working temporarily as a part-time instructor in charge of A’s child’s class.

In response to the criminal complaint, B argued that it was “an unforeseeable, accidental incident” and asserted that there was no neglect of the duty of care as a supervisor. B also emphasized that the beanbag activity was a regular program conducted for all grades for 7 to 8 minutes before the start of class and was covered as a physical activity for children during training sessions hosted by the Seoul Metropolitan Office of Education.

B explained that at the time, students were instructed not to toss the beanbags higher than 30 cm, and maintained that the classroom floor was not slippery. Regarding A’s claim of lingering aftereffects from the injury, B stated that the student had participated in a marathon last year.

Teachers are expressing concern that educational activities in the classroom may become even more constrained due to the criminal complaint filed by A. Hyun Kyounghee, spokesperson for the Korean Teachers and Education Workers Union, urged regulatory changes so that criminal liability under Article 268 of the Criminal Act for professional negligence resulting in injury does not apply to accidents that occur during normal educational activities absent a teacher’s intent or negligence.

This content was produced with the assistance of AI translation services.