[ChamTrue?] "Daegu Female Teacher and Student Inappropriate Relationship, Difficult to Apply Sexual Crime Charges" Would It Be Different If It Were a Male Teacher?

'Disadvantage to Men' Gender Discrimination Claims Are Unfounded
Under 16, Punishment Regardless of Gender
"Strong Punishment for Grooming Crimes" Also Demanded

"If it were a male teacher, he would have been punished for 'sexual assault, rape, or sex crimes.' But since it's a female teacher, isn't it just an 'inappropriate relationship'?"

Ms. A (31), a female teacher at a private high school in Daegu, is under investigation on suspicion of having an inappropriate relationship with a male student. However, as analyses suggest it is difficult to apply 'sex crime' charges in this case, the issue is spreading as a gender discrimination controversy on online communities. There are claims that investigative agencies and courts view related cases unfavorably toward a specific gender.

However, since the high school student involved is not a minor under the law, the teacher's gender cannot be a criterion for applying sex crime charges. Professor Lee Soo-jung of the Department of Criminal Psychology at Kyonggi University said, "The student in this case is over 16 years old and there is evidence that he asked the female teacher to raise his grades," adding, "Neither the student nor the parents reported the case, and the issue surfaced after the female teacher's husband posted about it on online communities, making the situation ambiguous."

Article 305, Paragraph 2 of the current Criminal Act stipulates that a person aged 19 or older who has sexual intercourse or molestation with a minor under 16 years old is punished as a sex crime regardless of the victim's consent. This was revised in 2020 under the Ministry of Justice, raising the age from 13 to 16. Ultimately, for high school students and older, sexual assault and forced molestation require the use of violence, threats, deception, or coercion by the perpetrator to be punishable.

In past cases involving minors under 16, punishment was applied regardless of the teacher's gender. In 2018, the court sentenced Ms. B (33), a female teacher who had sexual relations with an upper-grade elementary school male student, to five years in prison in both the first and second trials.

Also, Mr. C, a male teacher who molested a middle school student and continued the offenses after the student became a high schooler, recently received a one-year prison sentence with a two-year probation. The court handling Mr. C's case stated, "Despite being in a position to guide and protect students as a teacher, he molested a student and youth victim, which is a very serious offense," but also noted, "He is remorseful, this is his first offense, and the victim who reached an amicable agreement does not wish for punishment against the defendant."

Experts urge focusing on preventing 'grooming sex crimes' (crimes involving psychological domination followed by sexual violence) occurring in schools. Since a special hierarchical relationship exists between teachers and students in classrooms, it can lead to grooming crimes.

Professor Lee said, "Although legal punishment may be difficult in this case, it clearly falls under grooming crimes," emphasizing, "Due to the nature of the crime, it is not easily revealed, so students must be strongly protected." She added, "Courts do not make good use of various existing measures such as the Child Welfare Act," and "While it may be impossible to completely block grooming crimes, strong punishment of offenders is necessary to achieve a deterrent effect."