[2020 National Audit] 62 Cases of 'Cunning Reinstatement' Returning During Vacation but Taking Leave Again in New Semester

Seoul Leads with 25 Cases
34 Parental Leaves, 27 Other Leaves
"Unilateral Dismissal of Fixed-Term Teachers, Unfair Labor Practices"

[Asia Economy Reporter Hyunju Lee] There have been 62 cases over three years of teachers on leave returning to work early during vacation periods or temporarily returning to work and then going back on leave when the new semester starts, a practice known as 'trick reinstatement.'

On the 17th, Park Chandae, a member of the National Assembly's Education Committee from the Democratic Party of Korea, received data titled 'Status of Early and Temporary Reinstatement during Vacation Periods by Education Office from 2016 to 2018' through the Ministry of Education, which showed that Seoul had the highest number with 25 cases.

This was followed by Gyeongnam with 14 cases, and Gyeongbuk, Gyeonggi, and Chungbuk each with 5 cases. By type of leave, there were 34 cases of parental leave, 27 cases of other leave, and 1 case of caregiving leave.

It has been pointed out that some teachers on leave temporarily return during vacation periods to improperly receive salaries, and when teachers return early, the contract teachers hired to perform the duties of those teachers are unilaterally dismissed. This issue arises because the dismissal notice procedures and relief procedures guaranteed under the Labor Standards Act are not properly followed.

According to the 'Guidelines for the Operation of Contract Teachers in Public Schools' published by the Seoul Metropolitan Office of Education in February this year, the standard employment contract for contract teachers states that when a teacher returns early to their affiliated school due to reasons such as leave, dispatch, or vacation ending, the employer may terminate the contract, leading to disputes and complaints arising from sudden dismissals.

So far, there has been no discussion about revising related guidelines from the Ministry of Education and metropolitan and provincial offices of education, such as the practical personnel management for education officials and the operation guidelines for contract teachers.

Assemblyman Park Chandae emphasized, "Abuse of leave by some teachers leads to waste of personnel expenses and unfair labor practices against substitute personnel," adding, "It is necessary to rationally organize systems related to leave and other service matters."