Ministry of Education Teacher Appeal Committee Decision... Full Severance Pay Possible
Reappointment Ban Period Reduced from 5 to 3 Years
Cho Representative's Side "Will Sue as Discipline Itself Is Unacceptable"
The final disciplinary level for Cho Kuk, leader of the Cho Kuk Innovation Party, who filed an appeal against Seoul National University's decision to dismiss him from his professorship, has been lowered from 'dismissal' to 'removal.' Accordingly, Cho will be able to receive his full retirement pay, which was previously only partially available, and the period during which he is barred from reappointment as a faculty member is expected to be reduced from 5 years to 3 years.
According to the education sector on the 27th, the Ministry of Education's Faculty Appeal Review Committee decided on the 20th to set Cho's disciplinary level to 'removal' and notified both Cho and Seoul National University the following day, reported Yonhap News Agency.
Both dismissal and removal are considered severe disciplinary actions, but they differ in the amount of retirement pay received and the length of the restriction period for faculty reappointment. 'Dismissal' is the highest level of disciplinary action that forcibly strips a professor of their position; in the case of dismissal, only half of the retirement benefits and severance pay are granted. Additionally, reappointment as a public official or faculty member is prohibited for 5 years, and reemployment at other universities is also impossible.
With the disciplinary level lowered from dismissal to removal, Cho is expected to receive his full retirement pay, and the period during which he is barred from faculty reappointment will likely be reduced to 3 years. However, Cho's side reportedly stated that they cannot accept the removal decision either and plan to file a lawsuit. Jeon Jong-min, Cho's legal representative, said, "Since we do not acknowledge the grounds for the disciplinary action itself, we intend to file an administrative lawsuit against the removal as well."
Earlier, Seoul National University held a faculty disciplinary committee in June last year and dismissed Cho from his position as a professor at the Law School. This was about 3 years and 5 months after Cho was indicted without detention on charges related to his children's admission fraud. Seoul National University suspended Cho's position in January 2020, one month after the indictment, but delayed disciplinary action citing "limitations in proving the grounds based solely on the prosecution's charges." After Cho was found guilty in the first trial, the university resolved to dismiss him. Subsequently, Cho's side filed a faculty appeal review, expressing "deep regret over the school's hasty and excessive measures" and contesting the disciplinary action.
The Faculty Appeal Review Committee is an institution that reviews requests for cancellation or mitigation of unfair disciplinary actions against university professors or primary and secondary school teachers by schools or foundations, thereby protecting faculty rights. Under the current Faculty Status Act, the committee's decisions are binding on the disciplinary authority (Seoul National University), so the removal decision by the appeal review committee takes immediate effect.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
