TAIWAN, PROVINCE OF CHINA: Court finds State liable for child suffering from school corporal punishment

Maoli District Court judged that Hsi-hu Junior High should compensate NT$660,181 (approximately US$ 22,000) for corporal punishment inflicted by a teacher, Zhao-shuin CHEN who injured the punished child, Jing-li HSUI. Filed on 18 November 2004, this case went through two required preliminary mediations, 6 trial sessions, and had been under trial for 19 months.  It is believed to be the first judgment in Taiwan [Province of China]'s judicial history which holds that the State should be liable for school CP.

Compared with Hsui’s 16-day struggle against death, his struggle with the learning impediment induced by CP, and the debilitating court trial, this sum of compensation is nothing.  

The Humanistic Education Foundation has helped school CP victims file in total of four state compensation suits.  This service is free of charge.  In three cases, the victims were punished by being made to do at least 150 squat jumps, that  then made them suffer from rhabdomyolysis, the breakdown of muscle fibres resulting in the release of muscle fibre contents into the circulatory system that can be deadly.  So far, 1 case was settled out of court, another settled in court, and the other (Hsui vs. Hsi-hu Junior High) judged in favor of the plaintiff.  The Maoli District Court Judge, Zheng-fu WU, decided that 33-year-old Chen, who inflicted CP as an agent of the State, violated the State’s obligations to protect and educate students, and that it was foreseeable that the plaintiff could be injured by doing more than 100 in-place jump squats.  This redress approach of state compensation has proved to be beneficial for solving the disputes:

1.      The judicial system plays the role of a neutral investigator, and the two parties get to fully explain, argue and defend.  Therefore, the truth can be clarified.
2.      State compensation trial process facilitates settlements and apologies that entail legal binding effect; therefore, it is an ideal way to appease disputes.
3.      In the case where the school refuses to apologize, the victim and the family can pursue justice from the judicial system.

HEF will share its work in the state compensation suits in the near future as an important input for students and parents to address their rights by requiring the government to take up full responsibility of “prevention in advance and compensation afterwards”

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