Opposition from the National Assembly Legislative Research Office to the Constitutional Court Ruling on 'Prohibition of Teachers Joining Political Parties'

[Asia Economy Reporter Jeon Jinyoung] While the Constitutional Court ruled the 'ban on political party membership for primary and secondary school teachers' constitutional, the National Assembly Legislative Research Office raised objections. They argued that restrictions on political freedoms unrelated to job performance are excessive and inconsistent with overseas cases and recommendations from international human rights organizations. As a solution, the Legislative Research Office proposed exploring legislative measures that guarantee fundamental rights while maintaining the neutrality of duties.

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On the 23rd of last month, the Constitutional Court upheld the constitutionality of restricting teachers' membership in political parties but ruled unconstitutional the restrictions on forming and joining political organizations other than political parties. According to current law, public officials and teachers can face criminal punishment for activities such as paying party dues or donations or participating in political declarations. At that time, the justices viewed restrictions on joining or participating in political organizations other than political parties as violating the 'principle of clarity,' but still judged that banning primary and secondary school teachers from joining and engaging in political parties was justified.

The Legislative Research Office pointed out in a report on the 13th, "The current legal system takes the stance of achieving educational neutrality by completely banning teachers' political activities." It added, "Political freedoms mainly involve voluntarily joining political parties, engaging in activities, and freely campaigning in elections. If restrictions are necessary, they should be limited to cases required for national security, maintaining order, or public welfare."

The Legislative Research Office cited overseas examples, stating, "Guaranteeing political neutrality means protecting from partisan pressure, not interpreting it as prohibiting political fundamental rights." According to the report, France, Germany, New Zealand, Finland, Norway, Sweden, and Austria recognize not only teachers' political party membership but also their freedom of political activity. The United States, the United Kingdom, and Japan restrict political activities but allow party membership. Even Japan, which is strict about teachers' political activities, does not impose criminal penalties as a sanction method.

It further added that international organizations such as the International Labour Organization (ILO) and the United Nations (UN) have recommended guaranteeing teachers' political freedoms. The Legislative Research Office explained, "The UN Special Rapporteur on Freedom of Expression recommended in June 2011 that political expression freedoms for public officials and teachers be guaranteed, and the ILO Committee of Experts applied standards in 2015 and 2016, twice recommending that primary and secondary school teachers not be discriminated against based on political views, but the government did not accept these."

As an alternative, it emphasized the role of the legislature, stating, "The legislative branch should seek legislative policies and measures that harmoniously implement the spirit of the Constitution more freely than the Constitutional Court." The Legislative Research Office concluded, "It is necessary to explore specific legislative measures that guarantee fundamental rights while complying with duty-related neutrality, such as removing excessive restrictions and setting only minimal necessary limitations."