Webtoon artist Joo Ho-min lost in the appeals court. Special education teacher A was acquitted. The appeals court determined that the recording made by Joo Ho-min's wife was illegal and not recognized as evidence.
On the 13th, the 6-2 division of the Suwon District Court’s criminal appeals (Chief Judge Kim Eun-jung, Kang Hee-kyung, Kwak Hyung-seop) held a hearing for the appeal of A, who was indicted for violating the Special Act on the Punishment of Child Abuse Crimes and the Welfare of Persons with Disabilities. They overturned the first trial's ruling and pronounced a not guilty verdict.
The first hearing took place on February 1 of last year. At that time, the court accepted the transcripts presented by Joo Ho-min's side as evidence and suspended A's sentence of a fine of 2 million won, considering the special circumstances that the victimized child was a person with autism.
The appeals court pointed out, "According to the records of this case, the victim's mother placed a recording device in her child's clothing. This indicates that conversations between the defendant and the child that took place in the classroom during class time were recorded."
The court deemed the recording as lacking evidentiary value. "Such recording files and transcripts pertain to private conversations between individuals that have not been disclosed. They constitute a violation of the Communications Privacy Protection Act, making them hard to recognize as evidence," the court stated.
Joo Ho-min attended the trial on that day. Immediately after the verdict, he faced the press, stating that he "respected the court's judgment," but lamented about how truly difficult it is to prove the harm suffered by disabled children.
The National Association of Special Education Teachers stated, "The first trial's ruling demonstrated the reality that a teacher can be subject to criminal punishment for a single remark made during class," and expressed their approval of the judiciary’s reasonable judgment.
They added, "We urge the prosecution to refrain from making unreasonable appeals," and called upon the government and educational authorities to establish clear legal standards for the inadmissibility of illegal recording evidence.
Joo Ho-min reported special education teacher A for child abuse on September 13, 2022. He claimed that A emotionally abused his son by verbally attacking him with statements like, "You have a really bad habit. Ugh, I hate it. I hate it so much. I dislike you."
<Photo Source: Joo Ho-min's Instagram Screenshot>
