Bill to Prevent Corporate Practices of Rejecting Teacher Unfair Disciplinary Appeals

Rep. Yoon Young-deok's Proposed Partial Amendment to the Teacher Status Act Passes National Assembly

[Asia Economy Honam Reporting Headquarters Reporter Yoon Jamin] A bill has been prepared to prevent the practice of private school corporations dragging out time by not complying with the decisions of the Teacher Appeal Review Committee after unfairly disciplining teachers or by filing administrative lawsuits to dispute the results of the teacher appeal review.

On the 1st, Representative Yoon Young-deok (Democratic Party of Korea, Gwangju Dongnam-gap) announced that the partial amendment to the "Special Act on the Improvement of Teachers' Status and Protection of Educational Activities" (hereinafter referred to as the Teacher Status Act), which he sponsored, passed the National Assembly plenary session on the 26th of last month.

Accordingly, private school corporations must take measures in accordance with the intent of the appeal review decision within 30 days of the Teacher Appeal Review Committee's decision and submit the results to the Teacher Appeal Review Committee.

The teacher appeal review refers to requesting a review of disciplinary actions against teachers from kindergartens to elementary, middle, and high schools, as well as universities, including unfavorable actions such as disciplinary measures, decisions against the teacher's will, and refusal of reappointment.

If a private school corporation fails to comply with the remedial order according to the Teacher Appeal Review Committee's decision, the Minister of Education and the Superintendent of Education may impose a coercive fine of up to 20 million won.

Also, the period for filing a lawsuit against the Teacher Appeal Review Committee's decision has been shortened from the current 90 days to 30 days.

If a private school corporation files an administrative lawsuit to dispute the Teacher Appeal Review Committee's decision and then fails to comply with the lawsuit result, it will be subject to imprisonment of up to one year or a fine of up to 10 million won.

Representative Yoon said, "Although the Teacher Appeal Review Committee's decisions are stipulated to be binding on private school corporations, there was no means to enforce this, and continuous criticism was raised regarding its effectiveness. Through the amendment of the Teacher Status Act, a legal basis has been established to strengthen the binding force of the Teacher Appeal Review Committee's decisions and secure their effectiveness."

In fact, similar institutions such as the Administrative Appeals Commission urge compliance by issuing corrective orders and direct dispositions, and the Labor Commission immediately issues remedial orders if unfair dismissal is found, but the Teacher Appeal Review Committee has no means to enforce its decisions.

Representative Yoon emphasized, "With the strengthening of the binding force of the Teacher Appeal Review Committee's decisions, the status and rights of teachers can be protected."