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| TITLE | Ulsan District Court Decision 2023GoDan2672 Decided May 10, 2024: Appealed 【Violation of Act on Special Cases Concerning the Punishment of Child Abuse Crimes (Aggravated Punishment of Persons Engaged in Child Welfare Facilities)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 In a case where the defendants, kindergarten daycare teachers, were charged with violating the Act on Special Cases Concerning the Punishment of Child Abuse Crimes (Aggravated Punishment of Persons Engaged in Child Welfare Facilities) for emotionally abusing the kindergarten students, ages 3 to 4, by engaging in the following acts alone or jointly, the defendants were found guilty on charges (i) to (iv) and acquitted on charges (v) to (viii). The charges were (i) making a child cry by angrily exposing the child’s underwear when the child soiled themselves, or filming crying children with a cell phone after grabbing both cheeks of the children with his/her fingers despite their crying and protests; (ii) throwing a food tray and cutlery to the floor, while wiping the table, even though the child to whom the food tray and cutlery seem to belong to was standing in front of the table; (iii) laughing and filming a child, distorting the child's face by pressing the child’s face with their fingers or the palms of both hands; (iv) calling a child to the door, sitting the child in a chair, and giving the child timeout (isolation and exclusion from class) for approximately 40 minutes when the child put his/her legs under the table and moved; (v) grabbing a child by both arms, and pulling the child to sit in a chair next to the teacher, and placing the child in a timeout for approximately 23 minutes during a storytelling class for talking to a friend; (vi) jabbing a child's forehead once with a finger; (vii) removing his/her indoor slipper and throwing it at a child or reprimanding the child when the child took off an indoor slipper and threw it at him/her and snatching a book that the child was reading from the child's hands and slamming it to the floor three times; and (viii) holding a wet tissue that was used to wipe up the vomit for about five seconds when the child vomited after taking medicine, wiping the child's face with the wet tissue that was used for wiping the child's clothes and soles of his/her feet, and hitting the child on the arm and face one time each, and then leaving the child alone for about 13 minutes, etc. | |
