Seoul Metropolitan Office of Education, "Cancellation of Hanyuchong Dissolution is Justified" ... Appeals Court Ruling

[Asia Economy Reporter Jo In-kyung] The Seoul Metropolitan Office of Education has decided to appeal a court ruling that overturned the cancellation of the corporate establishment permit of the Korea Kindergarten Association (HanYuchong), a private kindergarten organization.

On the 17th, Seoul Superintendent of Education Cho Hee-yeon, along with Gyeonggi Superintendent of Education Lee Jae-jung and Incheon Superintendent of Education Do Sung-hoon, issued a joint statement asserting, "HanYuchong still claims that illegal collective actions such as delaying the opening of schools are legitimate acts, and since there is a clear possibility that such actions will be repeated in the future, the cancellation of the establishment permit is justified."

The three superintendents emphasized that "the court also acknowledged that delaying the opening was an illegal collective action." They criticized the court's reasoning that the delay lasted only one day and that only 6.5% of all private kindergartens participated, thus minimizing the public interest damage to a degree that did not warrant dissolving HanYuchong, calling it "an overly narrow interpretation of the scope of public interest harm based on trivial facts."

They added, "In September 2017, HanYuchong announced a collective closure and although it was not executed, parents were anxious and the government and education offices had to allocate personnel and costs to establish emergency care systems," further stating, "Even if the collective action was not carried out, national losses occurred, and the same was true during last year's delay in opening."

HanYuchong conducted a "delayed opening struggle" in March last year opposing the 'Kindergarten Three Laws' (amendments to the Early Childhood Education Act, Private School Act, and School Meals Act), which included regulations mandating the use of the national management accounting system (EduFine). In response, the Seoul Office of Education canceled HanYuchong's corporate establishment permit in April of the same year, citing actions beyond the association's stated purpose and harm to the public interest, effectively forcing its dissolution.

However, HanYuchong immediately filed a lawsuit with the Seoul Administrative Court seeking to overturn the cancellation of the establishment permit and requested a suspension of enforcement.

The court accepted the suspension of enforcement request in July last year and on the 31st of last month ruled in favor of HanYuchong in the main lawsuit as well.