Hyun Woo-jin, a so-called "top-tier instructor" who was put on trial on charges of paying incumbent teachers to buy questions that students could use to prepare for the College Scholastic Ability Test (CSAT), was acquitted at the first trial.
On the 26th, Lee Jae-uk, Director General judge of the Seoul Central District Court's Criminal Division 10 single-judge panel, acquitted Hyun, who was indicted on charges of violating the Improper Solicitation and Graft Act. Two incumbent teachers who engaged in a question transaction with Hyun and the head of a teaching material development company, identified as A, who were indicted on the same charge, were also acquitted.
The court found that "the money and valuables exchanged by the defendants fall under a private transaction and do not constitute money and valuables prohibited by the Improper Solicitation and Graft Act, and all the charges in this case do not constitute a crime."
Article 8, Paragraph 1 of the Improper Solicitation and Graft Act prohibits public officials and teaching staff from receiving money and valuables exceeding 1 million won per instance and 3 million won per fiscal year from the same person, regardless of job relevance.
However, Article 8, Paragraph 3, Subparagraph 3 of the Improper Solicitation and Graft Act allows public officials and others to receive money and valuables that are legitimately provided through private transactions. Hyun and others argued at trial that the question transaction was a legitimate private transaction.
The court said, "The (incumbent teacher) defendants did not obtain concurrent post approval from the heads of their affiliated institutions, but that does not preclude the application of Article 8, Paragraph 3, Subparagraph 3 of the Improper Solicitation and Graft Act."
Hyun also purchased questions from specialized firms and members of the public. The court found that if incumbent teachers provided questions and were paid more than specialized firms or the public, a violation of the Improper Solicitation and Graft Act could be established.
However, it said, "The per-question amounts paid (to specialized firms and the public) are similar to or higher than the amounts paid to teachers," and added, "Hyun's side reviewed the content of questions received from teachers and paid compensation only when they were actually adopted in the materials." It also noted, "The (incumbent teachers) did not use the questions supplied to Hyun on exams at the schools where they worked."
Hyun was indicted last December on charges of conspiring with company head A of a teaching material development firm to pay a total of 346 million won to two incumbent teachers from March 2020 to May 2023 in return for math questions for CSAT preparation. He also transferred 75 million won under the name of another teacher's spouse.
At the sentencing hearing on the 26th, prosecutors sought one year in prison for Hyun, the two incumbent teachers who engaged in a question transaction with him, and A. Prosecutors said, "Buying and selling questions for years and receiving tens of millions of won fundamentally undermines trust in public education."
Hyun and others claimed they needed questions to include in materials and entered into legitimate contracts with teachers to make a transaction. Hyun's side said, "Providing students with high-quality problems is an obvious duty as a math instructor and materials author."