Human Rights Commission: "Jinju Health University Has No Justifiable Reason to Refuse Reinstatement... Professors Should Be Reappointed"

Petitioners A and B Have Faced Unfair Dismissal and Other Actions by the School Since 2015

[Image source=Yonhap News]

[Asia Economy Reporter Gong Byung-sun] The National Human Rights Commission of Korea (NHRCK) has recommended that a private university in Gyeongnam, which failed to comply with a court ruling to cancel unfair personnel measures, carry out the reappointment procedures.

On the 28th, the NHRCK advised the chairman of the board of directors of Jinju Health University and the university president to comply with the court ruling to reappoint petitioners A and B, and to take appropriate measures regarding the infringement of their personal rights.

Petitioners A and B are professors who have worked at Jinju Health University for over 20 years. Since 2015, they protested against the university corporation’s unfair dismissal and failure to reappoint them. Through the Teacher Appeal Review Committee and court lawsuits, they received rulings and final judgments canceling the dismissal and reappointment review decisions.

However, in August 2020, Jinju Health University reappointed the petitioners but arbitrarily shortened their appointment periods and placed them on standby duty, contrary to the rulings and judgments. When this measure was also canceled by the Appeal Review Committee, Jinju Health University filed an administrative lawsuit and did not implement the restoration and reappointment measures for the petitioners.

Accordingly, A and B filed a complaint with the NHRCK, stating that Jinju Health University’s failure to restore their status and reappoint them was an act infringing on their human rights, including the freedom to perform their profession.

The NHRCK pointed out, “The fact that an administrative lawsuit has been filed or is ongoing is clearly not a justifiable reason to delay the petitioners’ reappointment measures, and the respondent’s failure to fulfill legal obligations constitutes an abuse and deviation of personnel discretion.”

Furthermore, the NHRCK judged, “The respondent’s claim that reappointment is impossible due to internal restructuring unjustifiably delays and neglects restoration, and shifting the disadvantageous treatment onto the petitioners is unreasonable.”

The NHRCK recommended that the chairman of the board of Jinju Health University promptly comply with the decisions of the Appeal Review Committee and the court, establish measures to prevent recurrence, and take appropriate personnel actions.