바카라쿠폰

i. We, 바카라 사이트 represented:

〇A school (which was a supplementary participant of the defendant in the case, the “School”)

ii. Case background

〇 A teacher of the School for the handicapped 바카라쿠폰 committed two occasions of assault against some 바카라쿠폰 by beating their heads against the cement floor. The School took a disciplinary action of depriving of his qualification as teacher on the basis of the assault against the 바카라쿠폰. The teacher appealed to the School’s disciplinary action and filed a petition to the relevant administrative committee.  The committee decided to change the disciplinary action to dismiss him from his duty.

○ The teacher filed a lawsuit with Deajeon District Court to seek the cancellation of the dismissal decision, arguing that some of alleged assaults could not be constituted and there was the deviation or abuse of discretion in making the dismissal decision against him by the committee. The School participated in the lawsuit as supplementary participant of the defendant.


2. Litigation

○ Daejeon District Court accepted the teacher’s argument and found that some of the alleged assault was not constituted. The court concluded that the dismissal decision made by the defendant should be cancelled on the basis that the defendant had deviated or had abused its discretionary power in making the dismissal decision against the teacher.

○ Pursuant to the district court’s decision, the School had no option other than allowing him to return to school since there was no disciplinary action harsher than dismissal that the School could take against the teacher.

〇 Attorneys Man-Kyoung Noh and Jae-Sun Seol represented the School at the appeal court and made the following arguments:

①The district court’s analysis that some of the alleged assault was not constituted is different from facts.  To substantiate this argument, the attorneys summoned some teachers and the deputy principal of the School who witnessed the teacher assaulting the 바카라쿠폰 and proved that the 바카라쿠폰 had been in a situation where they could not resist the teacher’s assault.

②The teacher did not regret his behavior, arguing that the alleged assault had been caused by the 바카라쿠폰 and the School.

③Given the special nature of a teacher teaching handicapped students, 바카라쿠폰 should be deemed that a teacher engaging in even only one time of assault against a student was not qualified for teaching students.


3. Decision

Daejeon High Court canceled the district court’s decision on January 17, 2019, and dismissed the claims filed by the teacher. The teacher filed an appeal to the high court’s decision with the Supreme Court of Korea, but the Supreme Korea of Korea conclusively entered the high court’s decision by dismissing the appeal filed by the teacher on May 9, 2019.


4. Basis of the decision

Daejeon High Court rendered the decision on the basis that:

○ In the light of testimonies made by the assistant teachers and the deputy principal, the court accepted all the facts referred to as the reason for the disciplinary action against him.

○ Special education teachers who played an important role in protecting students required a higher level of self-control and guidance because students with intellectual disabilities had a special need for care and attention. Thus, the teacher’s act of assaulting handicapped students was an act subject to accusation.

○ In particular, given that the teacher climbed on the back of a student with a limited intellectual ability and beat his head on the floor, the teacher’s assaulting behavior was highly likely to be criticized.

○ The teacher did not show any regret about his behavior even after he had received a message from the deputy principal asking how to deal with the assault incident. He kept alleging that the assault incident had been caused by the students and the School.

○ If the teacher was allowed to return to school, 바카라쿠폰 was expected that he could have a significantly material adverse effect on the education environment at the School as well as the disabled students.


5. Our argument and role

Even if a teacher was subject to a disciplinary action due to his/her assault against students, the courts judged the reasonableness of the disciplinary action with a somewhat generous standard to the teacher under the recognition that the teacher used corporal punishment on the students as part of his/her effort to educate them. However, due to the lack of precedents dealing with matters that occur at school for disabled students, 바카라쿠폰 was somewhat ambiguous to apply the same standard to the assault allegation made against the teacher for disabled students.

After reviewing the decision and court records of Daejeon District Court, the attorneys identified several problems with the analysis of the court. They supplemented and clarified the arguments made by the School at the district court, and decided to focus on the teacher’s assault against the handicapped students, adverse effect caused by the assault on the students and the reality encountered by the students who could not resist the teacher’s assault. The also strongly argued that the reasonableness of the disciplinary action should be determined on the basis of the facts found.

The attorneys emphasized the special characteristics of teachers and students at school for the disabled.  In addition, they argued that this kind of assault was not a common incident given that most teachers took care of disabled students with persistence and patience on the basis of affection they had towards students, and that disabled students could not easily inflict physical damage to their teachers due to the lack of ability.

Daejeon High Court accepted the arguments made by our attorneys, and sentenced that the district court’s decision would be canceled and the claims made by the teacher would be dismissed on January 17, 2019.  The teacher filed an appeal to the Supreme Court of Korea, but the Supreme Court of Korea ruled that 바카라쿠폰 accepted the high court’s decision.
  

6. Implication

Most disabled students significantly lack or do not have an ability to resist a teacher’s unreasonable and unilateral assault against them.  Their parents are the weak in a position where they cannot aggressively respond to any alleged assault committed by teachers against their disabled children.  Some parents of the victims of this case expressed that they did not want the teacher to be punished.  We will not say that a teacher who takes advantage of his/her stronger position over the disabled students and consistently assault them has a qualification as teacher for disabled students.

We cannot and should not ignore assault against disabled students.  The case is an important case that can be a test case where the reasonableness of a disciplinary action taken against the teacher committing assault against the disabled students was determined.  We feel proud of ourselves in that we helped realize social justice.

바카라쿠폰 would not be an easy task for the defendant to assert the legality of disposition and prove 바카라쿠폰.  In order to do this, 바카라쿠폰 is necessary to consult with a professional attorney in the relevant field and to examine what illegal elements are in the disposition and how to prove illegality.