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Court clears elementary school student accused of sexually harassing teacher

Published: 08 Jun. 2025, 15:41

Stock photo of an empty classroom unrelated to the story [GETTY IMAGES BANK]

An elementary school student who was disciplined for allegedly making a sexually inappropriate comment toward his homeroom teacher — by saying she was "pretty" and asking her to "go out" with him — has cleared his name after a court ruled the remark did not amount to sexual harassment.

According to legal sources on Sunday, the Chuncheon District Court ruled in favor of the student in a lawsuit filed against the head of the Wonju Office of Education to revoke the disciplinary measure. The court ordered the cancellation of the student’s punishment, which had required him to perform two hours of school service.

The student was a fifth grader when he was punished in January this year after the local Teachers’ Rights Protection Committee ruled that his words to his homeroom teacher — “Teacher, you’re pretty. Will you go out with me?” — delivered on the first day of school on March 4 last year, had caused sexual discomfort.

In the administrative suit, the boy’s side argued that he only said “Teacher, you’re pretty” and never asked “Will you go out with me?” They claimed it was normal for children to compliment their teachers by calling them pretty or handsome, and such remarks are common expressions of affection.

They also argued that there is no precedent of a teacher labeling phrases such as “Will you marry me?” or “Tell me about your dating life” as sexual harassment or a violation of educational activity. At the time, the student was only 11 years old, and his comment was simply a way to express liking toward his teacher, with no sexual intent, they said.

The court found, based on a handwritten testimony submitted by a classmate who witnessed the event, that the student did in fact say, “Will you go out with me?” However, it determined that although the comment could have caused discomfort to the teacher, it did not reach the threshold of implying a sexual relationship or causing sexual humiliation or aversion by general standards.

Regarding the teacher’s claim that she had reported the student because she “learned he had made similar remarks to other students and believed his parents should be informed,” the court stated this reasoning alone was insufficient to define his words as having sexual meaning.

Elementary school students in Seoul on Feb. 12 [NEWS1]

The court also questioned the context in which the teacher reported the student for violating her teaching authority. The student had been a victim of school violence from the beginning of the school year and had asked the teacher for help with his parents. As the harm worsened, the student and his family felt the teacher was not offering sufficient attention or appropriate action.

The student was eventually subjected to physical and sexual abuse, leading his family to report the perpetrators for school violence and forced molestation in September last year. As a result, the school disciplined some students, and the court placed others under juvenile protection orders.

In November, the student’s family also filed a complaint against the teacher for child abuse. The court found it questionable that the teacher only reported the boy as having infringed on her rights after that lawsuit was filed.

The court further ordered the cancellation of a separate disciplinary measure imposed by the committee on the student’s parents — a six-hour special education session — saying that asking the teacher to pay special attention due to school violence did not amount to interference in educational activities.

The court ruled that “the right of parents to educate their children” is a fundamental right protected by the Constitution, and that parents have the right to inform teachers of any difficulties their children are facing and to ask them to find appropriate solutions.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.
BY KIM JI-HYE [[email protected]]