No Regulations on 'Physical Restraint'
'Immediate Separation' and the Learning Rights of Separated Students
Ministry of Education: "Human Rights Violations Are Not Included in School Rules"
As the education authorities continue to introduce measures to protect teachers' rights, concerns have been raised that some provisions may cause side effects. Since both teachers' human rights and students' human rights and right to learn must be considered, there are calls for more sophisticated measures to be discussed.
According to the "Notice on Teachers' Guidance of Student Life" announced by the Ministry of Education on the 17th, elementary and secondary school teachers are allowed to separate belongings, physically restrain, and separate students (inside or outside the classroom) when class disruption by students occurs. Earlier, on the 14th, the Ministry of Education's comprehensive plan also included active response measures such as temporary and immediate restraint and separation of problematic behavior, as well as inspection and separation of belongings.
However, some argue that allowing physical restraint of students without separate criteria could potentially enable corporal punishment again. Article 11 of the draft notice only stipulates "in urgent cases where the principal or teacher fears harm to their own or others' life or body, or significant damage to property."
Professor Kim Seongcheon of the Graduate School of Education Policy at Korea National University of Education said, "The concept of 'physical restraint' could be misinterpreted and lead to other side effects," adding, "It needs to be precisely specified so that it can be used as an emergency measure for (teachers') self-defense."
There are also calls for ensuring the right to learn for students who are immediately separated. Although the draft notice specifies various methods for separating the right to learn, it lacks provisions regarding the right to learn and other matters for separated students. On the 17th, the Policy Committee Office of the Justice Party criticized, "Separation is appropriate when necessary to protect educational activities and the learning rights of other students, but even in such cases, the learning rights of separated students must be protected," adding, "The previously announced draft of the Ministry of Education's comprehensive plan also specified 'guaranteeing the learning rights of separated students.'" The Korea Federation of Teachers' Associations also stated on the same day, "Allowing detailed matters such as separation location, time, and learning support to be determined by school regulations may cause conflicts among staff," and added, "Separate spaces, additional personnel, and budget support plans must be presented together."
In response, the Ministry of Education stated that detailed matters are to be decided by individual schools' regulations. The Ministry said, "In the process of correcting teachers' rights, there should be no excessive infringement on students' human rights or parents' rights," and added, "It should be freely decided reflecting the demands of members at the school level." They also said, "School regulations will not include provisions that infringe on students' human rights," and added, "Public awareness of schools has improved, so a healthy school life culture can change according to social standards."
The Ministry of Education will conduct a 10-day administrative notice period starting from the 18th, collecting opinions and conducting a comprehensive review. Afterwards, the draft notice is scheduled to be promulgated and enforced on the 1st of next month so that it can be applied in schools from the new semester.
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