Administrative Court Dismisses Lawsuit Challenging Abolition Ordinance... No Change to Plaintiff's Rights
Discussion by Education Committee to Resume This November... If Approved, Scheduled for Plenary Session Consideration
Choi Ho-jung, Chairperson of the Seoul Metropolitan Council, expressed gratitude for the wise judgment of the court in recognizing the autonomy of the council as the representative body of the residents, regarding the Seoul Administrative Court's dismissal on the 13th of the lawsuit filed by Ahn and others seeking to nullify the ordinance to repeal the Student Human Rights Ordinance. He stated, “The Seoul Metropolitan Council will continue the review of the repeal ordinance in the relevant standing committee.”
The 3rd Division of the Seoul Administrative Court ruled on the same day that “it is difficult to see that the acceptance and proposal of the residents' initiative by the Chairperson of the Seoul Metropolitan Council directly causes changes to the plaintiffs' rights, and therefore it cannot be considered a disposition subject to an appeal lawsuit,” and rejected the plaintiffs' claims.
The repeal ordinance of the Student Human Rights Ordinance was requested as a residents' initiative by over 44,000 Seoul citizens, which then-Chairperson Kim Hyun-ki accepted and referred to the Education Committee, the relevant standing committee.
This ordinance was scheduled for review by the Education Committee in December 2023, but the court granted a suspension of execution requested by the petitioners, halting subsequent procedures.
Chairperson Choi Ho-jung stated, “Since the court has acknowledged the progress of related procedures, it is the responsibility of the council to continue deliberations on the residents' initiative ordinance to repeal the Student Human Rights Ordinance,” and added, “I will actively request that the Education Committee review this repeal ordinance at the regular session in November and reach a conclusion that aligns with the protection of the human rights of our children and teachers.”
If the repeal ordinance of the Student Human Rights Ordinance is approved by the Education Committee, it is expected to be submitted to the plenary session and processed within the year.
Last December, the Seoul Metropolitan Council enacted the “Ordinance on the Rights and Responsibilities of School Members,” which regulates the balance between the rights and responsibilities of the three pillars of schools?students, teachers, and parents?aiming to harmonize and balance students' human rights with the learning rights of other students and the human rights and educational rights of teachers.
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