"COVID-19 Learning Rights Violation"... National University Students Lose First Trial in Tuition Refund Lawsuit

National university students lost the first trial in a lawsuit seeking tuition refunds against their schools and the government, claiming their right to education was violated due to taking remote classes amid COVID-19.

On the 27th, the Civil Division 31 of the Seoul Central District Court (Presiding Judge Kim Sang-woo) ruled against 366 national university students from Seoul National University and Incheon National University in their lawsuit demanding tuition refunds from Seoul National University, Incheon National University, and the government.

The court stated, "Simply conducting remote or hybrid classes does not constitute providing substandard education that infringes on the right to learn," and added, "Considering the COVID-19 situation during the first semester of the 2020 academic year, it is difficult to recognize any illegality or fault in the use of remote or hybrid class methods."

Furthermore, the court judged, "Merely implementing remote or hybrid classes does not amount to incomplete fulfillment of the enrollment contract obligations," and "Since educational services were provided, it cannot be said that the defendants failed to fulfill their duty to provide educational services."

The students filed the lawsuit in July 2020 against Seoul National University, Incheon National University, and others, claiming their right to education was violated due to having to take remote classes because of COVID-19. They also sued the government, alleging it took no action to refund tuition fees.

Previously, private university students who filed tuition refund lawsuits against private school corporations also lost in both the first and second trials. At that time, the court ruled, "It is difficult to see that the students' right to learn was unjustly infringed due to the university's intentional or negligent actions."