A daycare teacher who abused a 5-year-old child was given a suspended fine of 7 million KRW.
The 20-year-old daycare teacher, identified as A, pressed the child's head against a tray because the child did not eat well. The Incheon District Court's Criminal Division 3 Judge Lee Dong-ho announced on the 20th that A (27) was granted a suspension of the fine of 7 million KRW for charges of aggravated child abuse under the Act on Special Cases Concerning the Punishment of Child Abuse Crimes.
A suspended sentence is a ruling that delays the sentence for a certain period when a mild crime is committed, and if no further offenses occur within two years from the suspension date, it is treated as if the sentence never existed. With this ruling, if A does not commit another offense over the next two years, the fine will effectively be erased.
A was indicted for physically abusing B (5) four times in a daycare classroom in Incheon between November 30 and December 14, 2023. Investigations revealed that A held B's neck or face with a hand and pressed it toward a tray because the child did not eat meals or snacks well. Additionally, A allegedly struck B's neck with their arm or grabbed the child's arm to force food into their mouth for the same reason.
The court recognized mitigating circumstances, stating, "This incident occurred during the process of disciplining a child who has a relatively severe preference for certain foods."
While the court judged A's actions as child abuse, it took into consideration the victim's perspective and the circumstances of the crime. Notably, it did not issue an order for A to complete a child abuse treatment program or a prohibition on employment at child-related institutions.
Judge Lee stated, "The defendant mostly acknowledges their wrongdoing and has expressed remorse, pledging not to reoffend," adding, "This incident occurred during the disciplining process of a child with a relatively serious pickiness concerning food, which is a mitigating circumstance in the circumstances of the crime."
Furthermore, he noted that "the defendant has drawn up an agreement with the victim's legal representative, the father, and the victim's side does not wish for the defendant to be punished," and that "the defendant is a first-time offender with no prior criminal record and had previously worked diligently as a daycare teacher," explaining the reasons for the sentence.
This ruling may spark controversy regarding the judicial standards for child abuse cases.
Child rights experts point out the need for clear standards regarding physical sanctions carried out under the guise of discipline. Especially at this time, social discussions regarding the level of punishment for child abuse cases occurring at daycare facilities and preventive measures are necessary.
Meanwhile, the Ministry of Education and the Ministry of Health and Welfare are strengthening children's rights education during the training of daycare teachers and are implementing institutional measures to prevent child abuse, including mandatory installation of CCTV in daycare centers. However, concerns about the effectiveness of these measures in practice continue to arise.
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