Joo Homin Says "Upset but Respect the Verdict" After Special Education Teacher Acquitted on Appeal

When asked about plans to appeal, "That is for the prosecution to decide"
Special education teacher's attorney: "Grateful to teachers nationwide for their support"

Writer Joo Homin is reporting the first trial verdict on a special education teacher on his YouTube channel in February last year. Juper YouTube

Writer Joo Homin expressed his position, saying, "I am upset, but I respect the court's decision," after the special education teacher, who was sued following his claim that his child had been emotionally abused, was acquitted in the appellate trial.

On the 13th, after the sentencing hearing for the appeal case of special education teacher A, who was charged with violating the Act on Special Cases Concerning the Punishment of Child Abuse Crimes and the Welfare of Persons with Disabilities, held at the Suwon District Court Criminal Appeals Division 6-2 (Presiding Judges Kim Eunjeong, Kang Heekyung, and Kwak Hyungseop), Joo made this statement to reporters.

Joo said, "This verdict made me realize just how difficult it is to prove when a child with a disability suffers harm at school. I believe several institutional improvements are needed." Regarding plans to appeal to the Supreme Court, he added, "That will be decided by the prosecution, so I will respond calmly once a decision is made," and continued, "I will clarify my position after organizing my thoughts in the future."

In contrast, Kim Ki-yoon, legal counsel for A and an advisory attorney for the Gyeonggi Provincial Office of Education, welcomed the second trial verdict and stated, "Today's ruling sends a warning that, in the event of a conflict, one should first talk and resolve the issue with the school teacher, and that the court has sounded an alarm regarding actions such as secret recordings without any evidence of child abuse."

He further stated, "If today's verdict had been guilty, teachers across the country would have to teach children in an environment where they could be secretly recorded," and added, "With today's ruling, I believe teachers will now be able to provide a more stable and comfortable educational environment."

A was indicted without detention on charges of emotionally abusing Joo's son (then 9 years old) in a customized learning classroom at an elementary school in Yongin, Gyeonggi Province, on September 13, 2022, by saying things such as, "You have very bad manners. Oh, I don't like you. I really hate this. I don't like you. I don't like you either. I really don't like you."

The first trial court admitted the evidentiary value of the audio recording containing A's abusive remarks and found A guilty. The court stated, "This audio file constitutes 'a non-public conversation between others' as defined by the Protection of Communications Secrets Act," and recognized its illegality. However, it also ruled, "Given that the lesson took place in a classroom without CCTV and only a small number of students with disabilities were present, and considering the unique circumstances of students with limited ability to express themselves, the recording at that time was justified."

However, in the second trial, the court overturned the first trial's decision, stating that the secretly recorded audio could not be admitted as evidence. The appellate court said, "According to the case records, the victim's mother placed a recording device with the recording function turned on in her child's clothes and recorded the conversation between the defendant and the child during class," and continued, "Such audio files and transcripts constitute 'a non-public conversation between others' in violation of the Protection of Communications Secrets Act and therefore cannot be used as evidence."