Daycare Teacher Who Pushed Two-Year-Old Found Guilty on Appeal... Why the Verdict Was Overturned

Acquitted in First Trial, Fined 2.5 Million Won on Appeal
Court: "Physical and Mental Abuse Through Rough Actions"

A daycare teacher who was acquitted in the first trial after being charged with physically abusing a two-year-old child for not listening?such as by pushing the child's abdomen?was found guilty in the appeals court.

According to the legal community on June 8, the Criminal Division 5-3 of the Changwon District Court (Presiding Judge Shin Subin) overturned the lower court's acquittal and imposed a fine of 2.5 million won in the appeals trial of Ms. A, a daycare teacher in her 40s, who was charged with violating the Act on Special Cases Concerning the Punishment of Child Abuse Crimes. The court also upheld the original orders, including 40 hours of participation in a child abuse treatment program and a one-year restriction on employment at child-related institutions.

Changwon District Court, Gyeongnam. Photo by Se Ryeong Lee

Ms. A was brought to trial for, in June 2022 at a daycare center in Gimhae, Gyeongnam, grabbing the arms of then two-year-old boy B, who kept running around, pulling him up from a sitting position, and pushing his abdomen twice. In addition, she was also charged with physically and emotionally abusing then two-year-old boy C by grabbing his neck in front of five other children, pressing his face with a food tray, and forcing him to spit out food from his mouth because he was not eating well.

In the first trial, Ms. A was found guilty regarding the abuse of boy C and fined 2 million won, but acquitted of the actions toward boy B. The first trial court ruled not guilty on the grounds that Ms. A, as a childcare teacher, was in a situation where appropriate caution or discipline was required, and that although she did push B's abdomen, the force was not strong.

However, the appeals court reached a different conclusion. The appeals court found that even if there was a reason for discipline, it did not justify pushing boy B, the force used was not weak, and other children appeared to be wary of Ms. A at the time. Based on these points, the court recognized the intent to abuse.

The appeals court stated, "The victims were only two years old, and Ms. A, as a daycare teacher, had a duty to care for them properly, but instead inflicted physical and mental abuse through rough actions." The court further explained the sentencing by stating, "We also considered that neither the victims nor their parents have forgiven her to date."