Joo Ho-min's 'Unauthorized Recording File' Admitted as Evidence... Education Sector Fears Aftermath

Im Taehee, Gyeonggi-do Superintendent of Education, Expresses Regret Over "Educational Activity Contraction"
Kyochong Warns of "Concerns Over Educational Site Devastation"

Concerns are growing in the education sector that the educational activities of other special education teachers may be hindered following a guilty verdict against a special education teacher accused of emotionally abusing the son of webtoon artist Joo Ho-min.

On the 1st, Lim Tae-hee, Superintendent of Gyeonggi Provincial Office of Education, stated on his Facebook, "Considering various circumstances, the Gyeonggi Provincial Office of Education understands the court's ruling," but also expressed regret over the guilty verdict, saying, "Ultimately, we express regret over the guilty verdict." Superintendent Lim pointed out, "Although this ruling concerns a case in Gyeonggi Province, it will inevitably have repercussions for special education throughout South Korea," adding, "If secretly recorded conversations without the consent of teachers who have endured unbearable situations are accepted as legal evidence, educational activities will inevitably be restricted."

He also said, "There are lamenting remarks in educational settings such as 'Doing nothing is the safest option,'" and added, "There is concern that the avoidance phenomenon among teachers who do not want to take integrated classes where students with disabilities and general students learn together, as well as special classes, will increase. If it becomes difficult to further expand special education, the benefits of public education for special students will inevitably be curtailed."

On the same day, the Suwon District Court Criminal Division 9 (Judge Kwak Yong-heon) suspended sentencing with a fine of 2 million won for special education teacher A, who was indicted without detention on charges of violating the Special Act on the Punishment of Child Abuse Crimes and the Welfare of Disabled Persons Act. Earlier, on September 13, 2022, in a tailored learning class at an elementary school in Yongin, Gyeonggi Province, A was accused of emotionally abusing Joo’s son (then 9 years old) by saying, "You have very bad manners. Ugh, I hate it. I hate you to death. I hate you. I hate you too. Really hate you." It is known that Joo and his spouse secretly placed a recording device in their child's bag to record the class and filed a complaint against A using this as evidence.

While the prosecution and the defendant disputed the legality of the recording file, the court recognized the evidentiary value of the recording. The court stated, "Considering that the tailored learning room where only a few disabled students attended the defendant's class did not have CCTV installed, and given the nature of emotional abuse conducted verbally, making it difficult to confirm abuse circumstances other than the recording, the mother's recording act is recognized as a justifiable act."

Webtoon artist Joo Ho-min is answering questions from the press after the first trial sentencing hearing of special education teacher A, who was indicted on charges of emotionally abusing Mr. Joo's son, held on the morning of the 1st at the Suwon District Court in Yeongtong-gu, Suwon-si, Gyeonggi-do. Photo by Yonhap News

The Korea Federation of Teachers' Associations (KFTA) also condemned the ruling, calling it "a verdict that ignores the earnest demands of 560,000 teachers nationwide." The KFTA said, "This Suwon District Court ruling, by recognizing illegal secret recordings, has opened Pandora's box that transforms school sites from spaces of empathy and trust between teachers and students into places of distrust and surveillance," and lamented, "We are deeply concerned about how many secret recordings and child abuse reports will follow, how many teachers will suffer as a result, and how much the educational environment will deteriorate."

In particular, the KFTA argued, "This ruling contradicts the Supreme Court decision that clearly states unauthorized recordings and dissemination by third parties such as parents are illegal," and added, "If exceptions are recognized for secret recordings, it will cause great confusion about what other cases might be considered exceptions in the future." On the 11th of last month, the Supreme Court denied the evidentiary value of a recording made by a parent who placed a recording device in their child's bag to report an elementary school teacher's child abuse.

The KFTA expressed concern that "the vague and comprehensive emotional abuse clause in the Child Welfare Act is the fundamental cause leading to this case and ruling," and warned that "the current Ministry of Education notice, which specifies that 'unauthorized filming, recording, or distribution of videos, images, or audio of teachers engaged in educational activities' is an infringement on educational activities, will also be undermined."