‘Unauthorized School Closure’ Eunehcho Students and Parents Win Compensation Lawsuit... Supreme Court Confirms "Independent Rights of Learning and Educational Institutions"

"Deficit Accumulates" Eunhye Academy Unilaterally Decides to Close Without Student and Parent Consent
Court Recognizes Liability for Damages: 3 Million KRW per Student, 500,000 KRW per Parent

[Asia Economy Reporter Heo Kyung-jun] Students and parents of Eunhye Elementary School in Eunpyeong-gu, Seoul, which was closed without permission in 2018, have won the final lawsuit against the school foundation.

The Supreme Court's 2nd Division (Presiding Justice Cheon Dae-yeop) announced on the 24th that it upheld the lower court's ruling in the damages lawsuit appeal filed by 182 Eunhye Elementary students and parents against Eunhye Academy and Chairman Kim (62), ordering Eunhye Academy and the chairman to pay 3 million KRW per student and 500,000 KRW per parent.

In December 2017, the board of directors of Eunhye Academy decided to close Eunhye Elementary School starting February of the following year due to financial difficulties. The foundation then submitted a closure approval application to the Seoul Metropolitan Office of Education and notified parents of the closure decision, but the education office rejected the closure approval application.

However, even after Eunhye Elementary School opened in March 2018, no homeroom teachers were assigned, and administrative office staff did not come to work, resulting in a halt of academic administration. On the first day of school, only three enrolled students attended. Eventually, all remaining students decided to transfer, leading to the school's closure.

Parents and students filed a damages lawsuit claiming that the unilateral closure decision and notification constituted an illegal act, infringing on students' right to learn and parents' right to education.

Both the first and second trials ruled in favor of the students and parents, stating that the foundation unilaterally decided and notified the closure without any follow-up measures. The lower courts recognized the foundation's unilateral closure decision as an illegal act and acknowledged the learning rights of minor students and the educational rights of parents as separate and independent rights, granting damages claims to both parents and enrolled students.

The Supreme Court also agreed with the lower courts' judgment. The court ruled that the learning rights of minor students are specific rights recognized based on the Constitution and fundamental educational rights, and are distinct and independent from the parents' educational rights.

This content was produced with the assistance of AI translation services.