Joo Ho-min in a corner… Possibility of ‘secret recording’ punishment for reinstatement of special education teacher

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Famous webtoon writer Joo Ho-min (41, photo)토토사이트 reported an elementary school special teacher for abusing his autistic son. There is an opinion that there is In particular, the teacher, who was removed from his position due to this complaint, was reinstated on the 1st, and the main writer is further driven into a corner.

Previously, writer Joo filed a complaint in September of last year, saying that Mr. A, a special education teacher at an elementary school in Yongin City, Gyeonggi Province, abused his autistic son. According to the legal community on the 1st, it is known that at the time, the teacher’s remarks contained in the recorder that he secretly put in his son’s bag and went to school were submitted as evidence.

The current Protection of Communications Secrets Act stipulates that anyone who records or listens to conversations between others that have not been disclosed, and who discloses the contents of communications or conversations learned accordingly, shall be punished with imprisonment for not less than one year and not more than 10 years. The purpose is that a third party who was not originally involved in the conversation should not record or listen to the conversation between other people.

As a result, it is a common opinion inside and outside the legal community that recording a conversation between a son and a teacher by a third party, writer Joo, may constitute a violation of the law. However, if public interest and inevitability are acknowledged, illegality can be sculpted. Courts have widely recognized the public interest and admissibility of parental recordings in cases of school violence or child abuse.

In fact, in a child abuse case in 2020, there was a court ruling that it was not a crime even if the parents secretly recorded the teacher’s remarks. At the time, the judge ruled that “there is a circumstance to suspect abuse, and what the parents recorded to confirm and prevent it is so closely related that the recorder (parents) and the conversation are identified.”

However, if the circumstances to suspect the teacher’s abuse are not proven, there is a possibility that the main writer will be criminally punished for violating the Tongsei Act. This teacher is also making a counter-sue.

Meanwhile, a special education teacher who was released from his position after receiving a report of child abuse from the author Joo will be reinstated on the same day.

On the 31st of last month, Tae-hee Lim, Gyeonggi-do Superintendent of Education, said on his social network service ( SNS ), “We have decided to reinstate a special education teacher at an elementary school in Gyeonggi-do who was removed from his position after receiving a report of child abuse for allegedly abusing the developmentally disabled son of a webtoon writer.” said. According to the Gyeonggi Provincial Office of Education, reinstatement orders for teachers who have been removed from their positions are the exclusive authority of the superintendent of education.

Superintendent Lim continued, “If the prosecutor’s office is removed from their position just because they ‘requested a formal trial’ in the truth-finding stage, teachers who are working on special education with a sense of duty will be greatly hurt, and other special children and parents will be greatly harmed. “Teachers are also professionals, but teachers for special children are those who have a deeper level of expertise,” he pointed out.

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