Human Rights Commission Files Criminal Complaint Against Foreign School Principal for Blocking Disabled Students' Return

Violation of Anti-Discrimination under the Special Education Act

The National Human Rights Commission of Korea (NHRCK) has reported the principal of a foreign school, who refused to allow a child with developmental disabilities to return to school, to the prosecution.

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On the 16th, the NHRCK announced that it had reported the head principal of School A to the prosecution for violating the prohibition of discrimination under the Special Education Act.

Additionally, the management of the elementary school was recommended to discipline the principal and to conduct human rights education for the faculty and staff to prevent discrimination against children with disabilities. They were also urged to establish measures to prevent discrimination against disabled students in school life, including admission and attendance.

The head principal was advised to cease discriminatory actions and provide reasonable accommodations, such as assigning support personnel for the child in question.

Earlier, in December of last year, the NHRCK launched an ex officio investigation after receiving a report that School A had pressured a child with developmental disabilities to withdraw and refused to allow the child to attend school due to behavioral issues related to the disability.

The investigation confirmed that the elementary principal and the head principal of School A refused the child's return to school without reasonable grounds when the child attempted to return after a period of absence. It was also revealed that the child's guardian had hired a teaching assistant at their own expense to support the child's school life, but this was not permitted.

The principal of School A claimed, "The child did not disclose the disability before admission and violated school rules by not adhering to the designated class times," and added, "We made efforts such as interviews to improve behavior, but there was no refusal to allow the child to return."

An NHRCK official explained, "For students with disabilities, it is legally and institutionally mandated under the Framework Act on Education to provide education that considers their characteristics. Furthermore, under the Act on the Prohibition of Discrimination Against Persons with Disabilities, participation in learning must not be restricted or excluded due to disability, and refusing to allow return on the grounds that it disrupts normal classes is also deemed unjustifiable."