Student Found Guilty of Insulting Teacher! Court Rules: 'Even Improper Discipline Doesn't Justify Abuse,' Penalty Increased on Appeal

In November 2022, during a music class at Shanlin Elementary School in Kaohsiung, a 9-year-old boy named Huang Tong ran around the classroom and, after being reprimanded by his music teacher Mr. Chen, raised his middle finger and shouted insults such as 'F*** you,' 'Idiot,' 'Sissy,' and 'You're just like a woman—get out of here now!' in front of the entire class. Mr. Chen filed a formal complaint the next day and eventually sued for NT$300,000 in damages. After nearly three years of litigation, the Kaohsiung District Court ruled that Huang and the educational foundation serving as his guardian must jointly pay NT$20,000 in compensation, with the judgment final and not subject to further appeal.

Boy's Outburst and Classmates' Testimonies

Following Mr. Chen's complaint, the school appointed three external committee members to investigate. They interviewed Huang and four of his classmates. Student A stated that Huang had been disruptive, running around and yelling at the teacher, 'Leave this school quickly—I'll clap for you,' using profanity and calling the teacher 'sissy' loudly enough for everyone to hear, while also raising his middle finger. Student B confirmed seeing Huang raise his middle finger. Student F said Huang would become inexplicably angry during Mr. Chen's classes and repeatedly shouted 'F***' and 'Idiot.'

Huang denied raising his middle finger during the interview, claiming, 'The teacher used his middle finger to demonstrate Do-Re-Mi, and I was just imitating that.' However, Ms. Wang, a counselor from the foundation, testified that when she later spoke with Huang, he admitted being emotionally overwhelmed and using a finger gesture resembling 'pushing' to symbolize telling the teacher to leave. The court reasoned that if no insults had occurred, Mr. Chen would not have filed a complaint the very next day.

Father Deceased, Mother Missing—Cared for by Foundation, But No Counseling Records

Huang's background is complex. His father has passed away, his mother is missing, and his grandmother is too elderly to care for him. Since 2009, he has been under the care of an educational foundation, living in their facility. In March 2022, the court formally appointed the foundation as his legal guardian—just eight months before the incident.

During the trial, the foundation argued that Mr. Chen's teaching methods were inappropriate, citing instances of shouting, desk-slapping, and unexplained standing punishments, claiming Huang was the real victim. However, the court ruled that even if the teacher's discipline was flawed, it did not justify a student publicly insulting a teacher. Crucially, the foundation had cared for Huang for over two years but could not produce any written records of moral education or behavioral counseling, failing to prove they had fulfilled their supervisory duties—thus, they could not be exempted from liability.

First Ruling: Only NT$5,000, Boy Exempt—Appeal Leads to Full Reversal

In the initial ruling, the court acknowledged the infringement but limited compensation to NT$5,000, citing the boy's young age, the foundation's nonprofit status, and the minor nature of the reputational harm. More troubling to Mr. Chen was the fact that the boy himself was not held liable—only the foundation was responsible. Feeling this allowed Huang to escape accountability, Mr. Chen appealed.

On appeal, the court re-examined the legal framework and identified a critical error: Huang, at the time of the incident, had sufficient cognitive ability to understand right from wrong and should have been held jointly liable with the foundation under civil law. The first ruling had wrongly exempted him entirely. Additionally, considering the public nature of the insults and Huang's continued refusal to apologize or admit fault, the court deemed NT$5,000 grossly inadequate. The compensation was raised to NT$20,000, to be jointly paid by Huang and the foundation. The ruling is final and not subject to further appeal.