Submission of Injunction Application to Supreme Court in the Morning
Supreme Court Previously Granted Injunction for Chungnam Office of Education
Seoul Office of Education "Expect Temporary Effect to be Maintained"
Related Bill Proposed in National Assembly, Teacher Organizations Oppose
The Seoul Metropolitan Office of Education has filed a lawsuit with the Supreme Court seeking nullification of the 'Student Human Rights Ordinance' repeal, in protest against its abolition. Meanwhile, conflicts continue in the National Assembly and the education sector over the necessity of the ordinance.
On the morning of the 11th, the Seoul Metropolitan Office of Education submitted a lawsuit for nullification and a request for suspension of execution regarding the 'Seoul Student Human Rights Ordinance Repeal Ordinance' to the Supreme Court. Under the Local Autonomy Act, if a re-adopted matter is judged to violate laws, a lawsuit can be filed with the Supreme Court.
Through this lawsuit, the Seoul Metropolitan Office of Education argued that "the Seoul Metropolitan Council forcibly passed and re-adopted unconstitutional content without democratic discussion or legislative notice," claiming violations of constitutional basic rights, the principle of equality, infringement of the superintendent of education’s inherent authority, infringement of student human rights, and violation of the right to remedy.
Earlier in May, the Supreme Court accepted the request for suspension of execution filed by the Chungnam Provincial Office of Education regarding the repeal of the Student Human Rights Ordinance. This decision maintained the ordinance’s effect until the nullification lawsuit result of the re-adoption was determined.
The Seoul Metropolitan Office of Education also expects a similar outcome. The office stated, "It usually takes more than a year for the Supreme Court’s final decision, but if the suspension of execution request is accepted as in the Chungnam Office of Education case, the ordinance’s effect will be temporarily maintained."
Currently, work related to student human rights protection based on the ordinance has been suspended. It is understood that the Student Human Rights Education Center and affiliated student human rights advocates within the Seoul Metropolitan Office of Education have halted all duties except for basic human rights promotion tasks.
Cho Hee-yeon, Superintendent of the Seoul Metropolitan Office of Education, requested reconsideration in May regarding the repeal of the Student Human Rights Ordinance, stating, "Student rights should be guaranteed through supplementation rather than unilateral repeal." However, the Seoul Metropolitan Council confirmed the repeal through a re-adoption procedure at the plenary session in June. Since the superintendent did not promulgate the repeal ordinance, it was promulgated this month by the council chairperson’s authority.
The council holds the position that the 'Ordinance on the Rights and Responsibilities of School Members,' based on the government proposal, will mediate and resolve complaints and conflicts that may arise among school members, replacing the Student Human Rights Ordinance. On the other hand, the Seoul Metropolitan Office of Education opposes this, arguing that the legal basis to guarantee student human rights and remedy human rights violations will disappear.
In the National Assembly, the 'Special Act on Student Human Rights Protection (Student Human Rights Special Act),' which guarantees norms for student human rights protection, was introduced, led by Han Chang-min of the Social Democratic Party. Kang Kyung-sook of the Justice Innovation Party also expressed intentions to propose a School Human Rights Act. However, teacher organizations such as the Korean Teachers and Education Workers Union issued statements opposing the enactment of the special law, expressing concerns that even legitimate educational activities might be stigmatized as human rights violations.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
