Public Hearing on Strengthening Prevention and Response to Educational Activity Infringements to be Held on the 30th
Disagreements Among Parties and Groups on Methods for Recording Student Records
Government Proposes Including 'Serious Infringements' in Enforcement Decree
Growing Opposition Citing Concerns Over Stigmatization and Increased Litigation
[Asia Economy Reporter Han Jinju] The Ministry of Education is discussing measures to separate students who violate teachers' authority from teachers and to record instances of interference with educational activities in the school life records. Although the bill granting disciplinary authority has passed, opinions on recording such incidents in student records remain divided between the ruling and opposition parties and teacher organizations.
On the 29th, the Ministry of Education announced that it will hold a public hearing both online and offline on the 30th to gather opinions on the draft plan for 'Strengthening Prevention and Response to Interference with Educational Activities.' Based on the feedback collected at the hearing, the ministry plans to finalize and announce the plan within the year.
The day before, the National Assembly's Education Committee passed an amendment to the Elementary and Secondary Education Act aimed at strengthening teachers' disciplinary authority. Until now, disciplinary authority lacked a legal basis, but with this amendment, it will be legally guaranteed. The amendment adds Article 20-2 to the Elementary and Secondary Education Act, stating, "The head of the school and teachers may guide students as prescribed by laws and school regulations when necessary to protect students' human rights and for teachers' educational activities."
According to the Ministry of Education, excluding 2020 and 2021 due to COVID-19, there have been over 2,500 cases of interference with educational activities. As of the first semester this year, there were 1,596 cases, exceeding half of the 2,662 cases recorded in 2019 before the pandemic. By school level, middle schools had the highest number, with insults and defamation by students and parents accounting for 56%, injury and assault 10.5%, and causing feelings of humiliation or disgust 9.1%.
Discussions on separating students who interfere with educational activities are also gaining momentum. Currently, teachers avoid such situations through special leave, but plans are being made to separate students immediately when interference occurs. There is also discussion about adding related provisions to the Teacher Status Act to allow measures such as school service, special education, and suspension of attendance when urgent student correction is needed. While there is little disagreement between parties on immediately separating students who interfere with educational activities, concerns have been raised about the need to establish measures to protect learning rights during such separation.
The most contentious issue is the proposal to record disciplinary measures related to interference with educational activities in the school life records. The Ministry of Education argues that recording is necessary for 'serious interference measures' to ensure fairness with school violence cases and to raise awareness about interference with educational activities. However, opposition parties and some teacher organizations oppose this, arguing that it is not educational and could lead to stigmatization and increased lawsuits between teachers and students, thereby escalating conflicts within schools.
The Ministry of Education's position is that instead of recording all disciplinary actions in student records, the criteria for 'serious interference measures' should be defined by presidential decree. Changing classes, transferring schools, and expulsion fall under serious interference measures. As of the first semester this year, disciplinary actions for students interfering with educational activities included ▲school service (15.0%) ▲community service (7.1%) ▲special education (11.5%) ▲suspension of attendance (43.4%) ▲class change (5.6%) ▲transfer (9.6%) ▲expulsion (1.4%) ▲others (2.2%).
A representative from the Korea Teachers and Education Workers Union stated, "Recording in student records is necessary from the perspective of preventing violations of teachers' authority, and separating offending students from victimized teachers is necessary for protecting teachers' rights. The Teacher Status Act should be promptly reviewed and passed. This is not just about enhancing teachers' authority but fundamentally about protecting students' right to learn."
An official from the Ministry of Education said, "There are currently no measures schools can take against interference with educational activities, and since sensitivity to students' human rights has developed, responses to interference must be balanced. However, there are differing opinions on the amendment to the Teacher Status Act, so discussions will continue."
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