"Senior Nurse Who Bullied Juniors Became Professor" Post Raised
Court: "Public Interest Related to Qualification for Training Future Professionals"
A nurse who posted online exposing the fact that a senior nurse who had subjected her to 'taeum' (workplace bullying in nursing) became a nursing professor was acquitted in the first trial.
On the 16th, according to the legal community, Judge Jo Aram of the Criminal Division 7 at Seoul Eastern District Court acquitted A (32), who was prosecuted for defamation under the Information and Communications Network Act.
In March 4, 2021, A posted a message titled "The 7-year nurse who subjected me to taeum 9 years ago has become a nursing professor" on the nurse online community 'Nursecape'. In the post, A wrote expos?s such as, "When the chest portable (mobile X-ray device) came, she made me take off my protective gear and stand in front of it, saying 'Get exposed to a lot of radiation,' laughing and chanting spells," and "'It's because you're such an unlucky person that your mother is sick,'" among other statements, and was charged for this. A was also charged with posting the same content on another internet site the following day, March 5.
A and senior nurse Professor B worked together in the intensive care unit of a university hospital in the Chungcheong region from June 2012 to July 2013. Afterwards, Professor B was appointed as a nursing professor at a specialized college in another region.
The prosecution argued, "Nurses do not wear protective gear during X-ray imaging, so there is no fact that Professor B made A take off protective gear and stand while chanting to get exposed to a lot of radiation," and charged A with defamation by false facts. However, the court judged that based on the evidence submitted by the prosecution alone, it is difficult to see that A posted false facts with the intent to defame.
Judge Jo stated, "A gave a specific and detailed account of the situation at the time, and considering comments suggesting that others experienced or heard of similar harm, as well as reports from commenters, it appears clear that verbal abuse and assault were inflicted by Professor B." On the other hand, affidavits supporting Professor B's claims were deemed unreliable because those who wrote them were likely to testify favorably to Professor B due to their workplace and career circumstances.
Judge Jo said, "Professor B, as a university nursing professor, cannot be considered a private individual, and whether or not harsh acts such as verbal abuse and assault were committed against nurses including A in the past is a matter of public interest related to whether the professor is qualified to train future professionals."
He further explained the reason for the acquittal, saying, "Considering the need to improve the vicious and bad cultural practices like taeum, which have been secretly and continuously carried out in the medical field, and that the main motive and purpose of posting the message appear to be for the interest and concern of the nursing community members, the judgment was made comprehensively."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
