Court Rules "Refusal to Reappoint University Professor Leading President's Resignation Movement Is Illegal"

[Asia Economy Reporter Seongpil Cho] The court has ruled that Busan Kyungsung University's decision to refuse reappointment to a professor who led a movement for the president's resignation was unlawful.

According to the legal community on the 3rd, the Seoul Administrative Court Administrative Division 11 (Presiding Judge Kang Woo-chan) ruled against the plaintiff in a lawsuit filed by Hansung Academy, the school corporation, seeking to cancel the decision of the Teacher Appeal Review Committee. The court stated, "The plaintiff's refusal to reappoint the participant is illegal, and the defendant's appeal review decision is lawful."

In February last year, Kyungsung University refused to reappoint Professor A on grounds including violation of the "duty to maintain teacher dignity." Inside the university and the National Professors' Labor Union nationwide, there was backlash against the school, claiming the action was retaliatory for Professor A's leadership in the president's resignation movement with fellow professors, demanding withdrawal of the decision. However, Kyungsung University did not relent, and Professor A eventually filed an appeal review seeking cancellation of the reappointment refusal.

The Ministry of Education held the Teacher Appeal Review Committee and concluded that the refusal to reappoint Professor A was illegal and unjust. Even though Professor A received multiple warning notices from Kyungsung University, it was reasonable to consider them as a single disciplinary action, and accordingly, it was judged that the reappointment requirements were met. Kyungsung University disagreed with this Ministry of Education decision and filed the current lawsuit. In court, Kyungsung University argued, "The participant's participation in group protests involved separate acts subject to warnings on different days, but the Ministry of Education regarded the 11 warning notices as one single warning," and "Such judgment is merely an arbitrary interpretation by the Ministry of Education, so the appeal review decision should be canceled."

The court judged Kyungsung University's claim by stating, "The warning letters issued to Professor A, which were the basis for the refusal of reappointment, have no effect." The court explained, "The assemblies and protests in which Professor A participated did not involve violent means, and there is no evidence of any illegal acts. Participation in such assemblies alone cannot be seen as a breach of the duty to maintain dignity or the duty of sincerity." Furthermore, the court added, "Although it was possible to issue a single warning letter to Professor A, Kyungsung University deliberately split the warnings, which can be seen as an abuse of issuing authority," and "From a normative perspective, it is reasonable to consider the 11 warning letters as one."