Supreme Court Grants Suspension of Enforcement for Seoul City Basic Academic Achievement Guarantee Ordinance

Suspension of Ordinance Effect Until Final Judgment

The Seoul Metropolitan Office of Education's request for a suspension of execution regarding the ordinance that allows the disclosure of basic academic achievement diagnostic test results conducted in Seoul's elementary, middle, and high schools has been accepted.

On the 1st, the Seoul Metropolitan Office of Education announced that the Supreme Court accepted the suspension of execution request concerning the "Ordinance on Support for Guaranteeing Basic Academic Achievement." Accordingly, the ordinance's effect will be suspended until the Supreme Court's final ruling.

Previously, on the 22nd of last month, the Seoul Metropolitan Office of Education filed a lawsuit with the Supreme Court to confirm the invalidity of the "Seoul Metropolitan Office of Education Ordinance on Support for Guaranteeing Basic Academic Achievement" and requested a provisional injunction to suspend its effect.

According to the ordinance, school principals must report the status of basic academic achievement diagnostic tests annually to the school operation committee and may disclose the results on the school's website.

The superintendent of education must regularly inspect the status of the diagnostic tests and submit it to the relevant standing committee of the city council. The superintendent may also reward schools that disclose the results of the basic academic achievement diagnostic tests.

The ordinance was approved on February 14 by the "Seoul Education Academic Improvement Special Committee," composed entirely of nine members from the People Power Party city council members, and passed the city council plenary session on March 10.

The Seoul Metropolitan Office of Education judged that the ordinance had legal issues and requested reconsideration from the city council, but it was reapproved again at the plenary session on the 3rd.

The Seoul Metropolitan Office of Education argued that guaranteeing basic academic achievement is a national duty under the law and a task delegated to the superintendent of education, thus beyond the legislative scope of the city council. It also judged that disclosing diagnostic results by region and school could violate the Educational Institution Information Disclosure Act.

With the Supreme Court accepting the Seoul Metropolitan Office of Education's suspension request, the disclosure of basic academic achievement results by school will not take place for the time being.