[Seocho-dong Legal Talk] "I'll teach you centrifugal force" Physics instructor spins student by lifting

"The defendant, as an academy instructor, had a duty to prevent risks to the life and body of the minor students attending his classroom lectures." (Judge)

On the evening of August 23, 2021, at an academy in Gangnam-gu, Seoul, Mr. A, a physics instructor in his 40s, gave a question to the students in the classroom. The correct answer was 'centripetal force', but one student answered "centrifugal force."

Mr. A said, "I will show you what centrifugal force is," and lifted the student from behind. He spun the student quickly once while the student's feet were off the ground, but during this process, he lost his grip on the student. The student who fell to the classroom floor sustained injuries including fractures requiring eight weeks of treatment.

Daechi-dong Academy District, Gangnam-gu, Seoul. The photo is unrelated to the article content. [Image source=Yonhap News]

The prosecution stated, "The defendant, as an instructor, had a duty of care to prevent students from getting injured, but he neglected this duty," and indicted him on charges of professional negligence causing injury.

During the trial, Mr. A expressed, "I fully admit my fault and am remorseful." However, his defense attorney argued, "The defendant is merely a physics instructor, not a school teacher or academy operator. It is difficult to consider him engaged in safety care or safety management duties, so the charge of professional negligence causing injury should not be established."

The first trial court rejected Mr. A's claims and found him guilty. According to legal circles on the 18th, Judge Jo Su-yeon of the Seoul Central District Court Criminal Division 5 recently sentenced Mr. A to six months in prison with a two-year probation period (imprisonment in a correctional facility without forced labor), along with 80 hours of community service.

Judge Jo stated, "The defendant, as an academy instructor, lifted and spun a 13-year-old victim attending his class in a dangerous manner and dropped the victim, causing serious injuries that required long-term treatment," and judged that Mr. A had a duty to prevent such risks.

He added, "It appears that the victim and the victim's parents suffered significant psychological shock and stress. The victim has not forgiven the defendant."

Nevertheless, he said, "This incident occurred due to negligence, not intent, and the defendant admits his fault and has no prior criminal record. Considering that the defendant lost his job due to this incident and is experiencing mental difficulties such as guilt, and that he is supporting young children, I have comprehensively taken into account various sentencing factors."

Both the prosecutor and Mr. A appealed this verdict.