Effect Resumed Until Supreme Court's Main Judgment
Second Approval Decision Following Chungnam Office of Education
Typically Takes 1-3 Years Until Main Judgment
Student Group: "Ordinance Necessary for Survival"
The Supreme Court has granted the Seoul Metropolitan Office of Education's request for a suspension of execution regarding the ‘Ordinance to Repeal the Student Human Rights Ordinance,’ resulting in the temporary reinstatement of the Seoul Student Human Rights Ordinance. The Seoul Metropolitan Office of Education evaluated that "it appears the potential public interest infringement due to the ordinance repeal was taken into consideration."
On the 24th, Woo Pil-ho, the Human Rights Advocate of the Seoul Metropolitan Office of Education, stated in a phone interview with this publication, "Operations are scheduled to resume from today." According to the Seoul Metropolitan Office of Education on the previous day, the Supreme Court accepted the request for suspension of execution concerning the ‘Seoul Metropolitan City Student Human Rights Ordinance Repeal Ordinance’ filed by the Seoul Metropolitan Office of Education. The court did not disclose the specific reasons for granting the suspension request.
Members of a youth human rights activist group hold a press conference opposing the abolition of the Student Human Rights Ordinance in front of the Seoul Metropolitan Council main building in Jongno-gu, Seoul on the 27th. Photo by Dongju Yoon doso7@
Accordingly, until the Supreme Court's main ruling is made, the repeal ordinance will be suspended, and the existing Seoul Student Human Rights Ordinance will be reinstated. This is the second case nationwide following the Supreme Court's acceptance in May of a suspension request filed by the Chungnam Provincial Office of Education regarding the repeal of a student human rights ordinance.
The Student Human Rights Ordinance includes provisions such as the right of students not to be discriminated against based on gender, religion, age, sexual orientation, gender identity, or sexual characteristics. It also specifies rights to be free from all forms of violence including corporal punishment and bullying, and the right to learn according to one’s aptitude. Under this ordinance, the Seoul Metropolitan Office of Education operates dedicated human rights bodies such as the Student Human Rights Advocate and the Student Human Rights Center to provide remedies for human rights violations. With the reinstatement of the ordinance, investigations and remedial measures for student human rights violations will be revived.
Earlier, on the 11th, the Seoul Metropolitan Office of Education submitted a lawsuit for nullification and a request for suspension of execution regarding the ordinance to the Supreme Court. Under the Local Autonomy Act, if a re-enacted matter is judged to violate laws, a lawsuit can be filed with the Supreme Court. It is generally known that the Supreme Court’s main ruling takes at least over a year to be issued. Given the significant controversy in the education sector surrounding the Student Human Rights Ordinance, as well as various issues including procedural legitimacy and constitutionality or legality, it is expected to take considerable time.
Meanwhile, other metropolitan and provincial offices of education are also expected to face obstacles in repealing student human rights ordinances. The Gwangju Metropolitan Council had planned to review the repeal ordinance at a plenary session on the 19th but postponed it.
Some educational organizations and students oppose the government’s policy to repeal the Student Human Rights Ordinance. According to a post titled ‘411 current students of Hanago strongly demand the withdrawal of Seoul City’s decision to repeal the Student Human Rights Ordinance’ posted on the Seoul City website’s civil complaint board on the 12th, they stated, "Students consider the Student Human Rights Ordinance essential for survival," and urged the city council to reconsider, saying, "During school life, we have never experienced any surveys or public debates related to the human rights ordinance. Why must students have their rights repealed without any opportunity to raise their voices?"
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