"The child still cannot return to school"
Prosecution seeks 10-month prison sentence
Defendant maintains innocence
"(The defendant) repeatedly makes claims that regard children with disabilities as less than even dogs."
On the 20th, Yonhap News reported that the wife of webtoon artist Joo Ho-min made this statement while attending the appellate trial of a special education teacher accused of emotionally abusing children with autism.
Webtoon artist Ju 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 Ju's son, held on February 1 last year at Suwon District Court. Photo by Yonhap News
At the appellate trial hearing of special education teacher A, held at the Suwon District Court Criminal Appeals Division 6-2 (Presiding Judges Kim Eun-jung, Kang Hee-kyung, Gwak Hyeong-seop), Joo’s wife B was granted the opportunity to speak and expressed her feelings.
B said, "What hurts the most is not the sarcasm, neglect, verbal abuse, and disability hatred the child endured from the teacher, but the defendant’s side’s claim of innocence in the first trial that 'children with autism must be taught this way to understand,' and that they are still repeating this claim in the second trial."
She continued, "Although my family is the victim, because the father is a public figure, we have been caught in a whirlwind of public opinion, with our faces, residence, and names all exposed, and we have even received death threats. The defendant’s lawyer publicly disclosed sensitive counseling details about the child, which were submitted as evidence, directly to the media, and the superintendent wrote a public petition supporting the teacher and reinstated the teacher before the truth of the case was revealed, showing no hesitation in causing secondary harm," she appealed.
She added, "The child still cannot return to school," and requested the court, "Please consider the position of the victimized child and prevent the defendant’s words and actions from being tolerated in the educational environment."
Earlier, A was indicted on charges of emotional abuse for saying things like "You have very bad manners. Ugh, I hate you. I hate you to death. I hate you. I hate you too. Really hate you" to Joo’s then 9-year-old son in a tailored learning class at an elementary school in Yongin, Gyeonggi Province, on September 13, 2022. Whether the recording secretly made by placing a recorder in the child’s coat could be used as evidence was a point of contention, but the first trial court recognized its evidentiary value considering the exceptional circumstances of the case, including the child’s autism. The court found A guilty of emotional abuse and gave a suspended sentence with a fine of 2 million won.
The prosecution requested the court to sentence A to 10 months in prison and impose a 3-year employment restriction, as in the original trial. The prosecution explained the reason for the request, saying, "This case involves a teacher, who is obligated to report child abuse crimes, instead emotionally abusing the child, making the nature of the crime extremely serious. However, the defendant denies the crime and shows no sincere remorse."
In response, A’s lawyer argued, "The recorded content submitted as evidence cannot be used as evidence to support the charges according to the purpose and literature of the Communications Privacy Protection Act," and "Even if the court disagrees with us as the first trial court did, the defendant’s actions themselves cannot be considered child abuse as described in the charges."
A said, "I have nothing further to say."
The second trial sentencing for A was originally scheduled for April 18 but was postponed due to changes in the court. After reconvening the trial on this day, the defense concluded their arguments. About 30 people, including parents of children with disabilities and special education teachers, attended the trial. The appellate sentencing hearing is scheduled for May 13.
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