Repeated Teacher Assault Cases... Is 'Stricter Punishment' the Answer?

Assaults on Teachers Increasing Every Year
Calls for "Stronger Punishment for Offending Students"
Counterarguments Cite "No Educational Effect and Possible Unconstitutionality"

Amid an incident where a third-year high school student in Yangcheon-gu, Seoul assaulted a teacher, there are ongoing calls to strengthen punishment for the offending student as a preventive measure. On the other hand, some argue that increased penalties may violate the principle of legal equity, and that establishing a system for immediate separation and other measures should take priority.

According to the education sector on the 16th, following a recent incident where a student assaulted a teacher, there are demands to increase the severity of punishment. Son Mo (30), a homeroom teacher for third-year middle school students, said, "In large schools, such assault incidents are common," adding, "Strengthening punishment for such students seems to be the only answer." According to the Ministry of Education in July last year, cases of injury and assault among types of educational activity interference have been increasing annually: 113 cases in 2020, 239 in 2021, 361 in 2022, and 503 in 2023.

The Korea Federation of Teachers' Associations (KFTA) stated, "Authorities must prioritize all support for the protection and recovery of victimized teachers and conduct thorough investigations and deliberations to strictly punish offending students," adding, "We urge the establishment of effective measures such as immediate separation and enhanced punishment of problematic students, support for psychological counseling and behavioral correction education programs linked with specialized institutions, and expansion of protection and support systems for teachers against false child abuse accusations and malicious complaints."

A bill to strengthen punishment for students who assault teachers has also been proposed. Go Dong-jin, a member of the Democratic Party of Korea, introduced an amendment to the 'Teacher Status Act' that would double the penalty prescribed by criminal law if a student or parent assaults a teacher during educational activities. The current Special Act on the Protection of Teachers defines assault or injury to teachers during educational activities by students or parents as a 'statutory educational activity interference act,' but there are no separate penalty provisions, so the 'general penalties under criminal law' are applied.

However, experts believe that enhanced punishment under criminal law may violate legal equity. Park Nam-gi, an emeritus professor at Gwangju National University of Education, said, "Enhanced punishment is misguided from the perspective of educational guidance for students," adding, "Students commit such acts impulsively, so expecting a preventive effect from enhanced punishment is unrealistic and it may also violate the principle of legal equity." Yang Jeong-ho, a professor in the Department of Education at Sungkyunkwan University, said, "While enhanced punishment helps send a clear warning against violence in schools, there may later be constitutional challenges."

As an alternative, Professor Park emphasized the need to establish a preemptive system for high-risk students. He said, "Schools are aware that there are students who repeatedly cause problems, but currently, the school environment shifts the responsibility onto individual teachers despite knowing this," adding, "Measures must be prepared for high-risk students and their parents."

There was also an opinion that a system is needed to immediately separate the party causing injury upon incident occurrence before investigation. Professor Yang said, "Before clarifying the facts of the incident, once an assault occurs, separation must be enforced unconditionally, and then further actions should be taken," adding, "Determining the facts of the incident should be handled by an objective external body such as the education office, not within the school."