In May, Representative Lee Tae-gyu of the People's Power Party proposed amendments to the Elementary and Secondary Education Act and the Child Welfare Act, granting immunity to teachers for reasonable guidance of life to students in cases of child abuse. The proposed amendments included the provision that "reasonable life guidance of life by educators shall not be considered child abuse unless there is intent or gross negligence." This means that even if a teacher is reported for child abuse, as long as there is no intent or gross negligence, the actions would not be categorized as physical or emotional abuse. There has been intense debate within the education community regarding this bill. The teachers argue that this immunity is necessary due to numerous cases of educational activities being dashed by indiscriminate reports of child abuse. On the other hand, parents are strongly opposing the removal of minimal protective measures for students, asserting that such measures should not be eliminated.


Recently, the incident where a teacher at Seoul's Seo2 Elementary School took her own life ignited significant outrage within the educational community, and a nation as a whole. Many are expressing their distress over the undue suffering caused by vicious complaints from parents and are discussing the untowardness of education. Consequently, the current laws related to child abuse are encroaching upon teachers' educational authority and impeding the smooth progress of lessons. Therefore, the Korean government should grant teachers immunity over some charges of child abuse.

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First and foremost, a mechanism to prevent the decline of teachers' educational authority is necessary. According to a survey conducted in January by the Korean Federation of Teachers' Associations, involving 5,520 educators nationwide, 77% of the respondents expressed feeling a sense of anxiety about being reported for child abuse. Instances of teachers who engage in student guidance then facing allegations of child abuse have become increasingly frequent. Consequently, teachers are significantly demoralized in their professional roles, which in turn undermines morale for education and instructional activities. This decline in educational authority has already reached a serious level. While there are institutional measures such as the Teacher's Authority Protection Committee at schools to safeguard teachers' authority, these mechanisms lack substantial and practical effectiveness. On 7th August, Representative Lee Tae-gyu of the People Power Party remarked, "Reports of child abuse crimes related to legitimate educational activities by educators have evolved beyond infringing on educational authority to threatening the very essence of educational activities." He anticipated that granting teachers immunity would contribute to the restoration of educational authority and the protection of instructional activities. Secondly, it can prevent cases of unjustified child abuse reports. Under the current law about child abuse, reporting is possible based solely on the suspicion of child abuse. As a result, even if a final decision of innocence is reached, the complainant cannot be held accountable for false accusations. Another issue is the lack of adequate means for teachers to address infringements on their authority. Despite providing proper guidance for students' mistakes, teachers often face frequent allegations of "child abuse" according to the amended Child Welfare Act of 2014. According to current laws, teachers can be accused of child abuse for simply waking up a sleeping student during class; and teachers who held a student's wrist to restrain problematic behavior were also accused of child abuse. In such circumstances, amending child abuse immunity can serve as an effective mechanism that enables educators to guide students properly without the risk of child abuse allegations, particularly in cases of disruptions during lessons or infringements on educational activities caused by some students. Thirdly, it provides a solution that benefits both students and teachers in terms of the quality of education. The process of investigating unjustified child abuse reports harms both teachers and students. According to the current law, a teacher reported for child abuse is immediately separated from the child through measures like suspension from duty or exclusion from teaching, which acts as a hindrance to delivering quality education. A concerned member of the Korean Federation of Teachers' Associations stated, "Even if innocent, teachers who face child abuse lawsuits must halt their educational activities for at least six months," adding that "the functionality of child abuse immunity is also needed from the perspective of protecting students' right to learn." In reality, cases where such teachers are convicted in court are extremely rare. In a survey conducted in October of last year by the Korean Teachers and Education Workers Union, among 6,243 surveyed teachers, only 1.5% of those who had experienced child abuse reports responded that they had been convicted. In conclusion, the current law fails to provide meaningful solutions in terms of educational authority or the overall aspects of education.
Therefore, it is necessary to grant teachers immunity regarding child abuse to prevent the decline of teachers' educational authority, prevent cases of unjustified child abuse reports, and provide a better educational environment for both students and teachers.

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