A special education teacher received a deferred sentencing ruling in the first trial for emotionally abusing the autistic son of famous webtoon writer Joo Ho-min, and was acquitted in the appeal trial. The guilty verdict from the first trial was overturned.
The Suwon District Court's 6th Criminal Appeals Division (Director General Kim Eun-jung, Kang Hee-kyung, and Kwak Hyung-seop) ruled on the 13th to overturn the original ruling and acquit special education teacher A in the appeal trial regarding violations of the Special Act on the Punishment of Child Abuse Crimes and the Welfare of Disabled Persons Act.
Earlier, in February last year, the first trial court suspended a fine of 2 million won for A. The suspension of the sentence is a ruling that postpones the sentencing for a certain period for minor crimes, and after two years from the date of postponement, it is effectively nullified.
The appeals court stated, "The evidentiary value of the secretly recorded audio files and transcripts cannot be recognized," adding, "This falls under the case where proof of the crime is absent."
It further noted, "While the prosecution argues that it is reasonable to view the victim child as having recorded the conversation with the help of the mother, given that (the victim child and the mother) are strictly separate entities, it is difficult to assess the mother's recording act as identical to the child's recording," determining that Joo's wife's sending of a recorder with their son to school does not constitute a justifiable excuse for illegality.
This incident occurred in September 2022 in a special class at an elementary school in Yongin, Gyeonggi Province, where Joo's son, then 9 years old, was attending school. Noticing unusual anxiety symptoms in her son, Joo's wife sent a recording device in her son's outerwear to school. The recording contained A telling Joo's son, "You have a bad habit. I'm talking about you," "Oh, I hate it. I hate it so much. I hate you. I really hate you." Afterward, Joo filed a complaint against A for child abuse, and in December of the same year, the prosecution indicted A without detention.
After the ruling, Joo, who attended the trial, met with reporters and said, "I'm very upset, but for now, I respect the court's ruling," adding, "I once again felt through this ruling how difficult it is for a disabled child to prove that they have been victimized." He continued, "While the legal content is important, I think various institutional improvements may be necessary," and said, "We plan to calmly proceed with future procedures as soon as the prosecution's appeal policy is determined."
Special education teacher A also expressed through their attorney, "I deeply appreciate the teachers who have supported me so far."