Special Education Teacher 'A' Found Not Guilty in Appellate Trial... Joo Ho-min's Wife's Recording Not Admitted as Evidence

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Webtoon artist Joo Ho-min lost in the appellate trial. Special education teacher 'A' was acquitted. The appellate court ruled that the recording made by Joo Ho-min's wife was illegal and did not admit it as evidence.

The 6-2 Criminal Appeals Division of the Suwon District Court (Presiding Judges Kim Eun-jung, Kang Hee-gyeong, Kwak Hyung-seop) held the appellate hearing for Mr. A on the 13th, who was indicted on charges including violation of the Act on the Punishment of Child Abuse Crimes and the Welfare of Persons with Disabilities Act. The court overturned the first-instance ruling and delivered a verdict of not guilty.

The first trial was held on February 1, last year. At that time, the court accepted the transcript presented by Joo Ho-min's side as evidence and suspended the sentencing of Mr. A to a fine of 2 million won. This outcome considered the special circumstance that the victim child was a person with autism spectrum disorder.

The appellate court pointed out, "According to the records of this case, the victim child's mother placed a recorder in her child's clothing. Through this, it was confirmed that conversations between the defendant and the child in the classroom during class hours were recorded."

The court viewed the said transcript as lacking evidentiary value. It stated, "Such audio files and transcripts fall under conversations between others that were not made public. They violate the Communication Secret Protection Act and are difficult to admit as evidence."

Joo Ho-min also attended the trial on this day. Immediately after the verdict, he stood before reporters. While stating, "I respect the court's judgment," he also lamented, "I once again felt how truly difficult it is to prove the harm suffered by a child with disabilities."

The National Union of Special Education Teachers commented, "The first-instance ruling showed the reality that a teacher could be subject to criminal punishment for even a single remark during class," and welcomed "the judiciary's common-sense judgment."

They further raised their voice, requesting, "We ask the prosecution to refrain from making an unreasonable appeal," and urging, "The government and education authorities should establish clear legal standards regarding the exclusion of illegally recorded evidence."

Joo Ho-min reported special education teacher 'A' for child abuse on September 13, 2022. He claimed that Mr. A inflicted emotional abuse through verbal abuse, such as saying to his son, "Your habit is very bad. Oh dear, I hate it. I hate it to death. I dislike you."