[Insight & Opinion] 'Leave of Absence' Is a Legal Right Guaranteed to Students

Right to Leave of Absence for Medical Students Must Be Guaranteed by School Regulations
Retaliatory Audit of Seoul National University Is Unjust

The ‘leave of absence’ of medical students has become a hot issue. This is due to an unexpected remark by Education Minister Lee Ju-ho, who said, “The freedom to take a leave of absence is not granted to everyone.” Jang Sang-yoon, the President’s Office Social Affairs Secretary, also asserted that “taking a leave of absence is not a right.” It appears they mean that medical schools must strictly manage students’ leaves of absence in accordance with the government’s manpower training policy aimed at protecting the lives and health of the people.

Of course, such statements are absurd and sophistical, contradicting not only the law but also social conventions. According to Article 23-4 (Leave of Absence) of the Higher Education Act, universities must allow students to take a leave of absence “if they wish” in accordance with school regulations. Universities broadly permit students’ right to leave of absence through school regulations that allow for military service, illness, childbirth, as well as “household matters” or “unavoidable personal reasons.” There is no law that allows the Ministry of Education to control students’ leaves of absence.

The Education Minister’s perception that the medical students’ collective leave of absence in protest against government policy “could directly harm the lives and health of the people” is also absurd. It directly rejects the Yoon Seok-yeol administration’s national philosophy emphasizing justice, fairness, common sense, and freedom. In fact, what threatens the lives and health of the people is not the medical students’ collective leave of absence. Rather, the blame should be placed on the government’s oppressive and flawed ‘medical reform’ that triggered a major collapse in healthcare.

In a democratic society, opposition to government policy is a legitimate right of the people, firmly guaranteed by the Constitution through freedoms of conscience, expression, assembly, and association. This is even more true for young students. A return to an authoritarian era that rejects the people’s right to resist is absolutely unacceptable. The Education Minister’s anti-democratic perception that medical students protesting government policy are unacceptable must be corrected. Demonizing autonomous activities and incapacitating student councils is a crime committed by the Ministry of Education.

‘Collective leave of absence’ is not legally defined. It was merely a common term used by students and the media during authoritarian times. In fact, the media also used the term ‘group leave of absence’ alongside ‘collective leave of absence.’ Legally, it is unclear what exactly constitutes a collective leave of absence. The Education Minister’s claim that the medical student council itself advocated for ‘collective leave of absence’ when the medical dispute began last February is meaningless.

The Ministry of Education’s high-intensity audit of Seoul National University headquarters, extending the period repeatedly, is also shameful. Seoul National University’s College of Medicine cannot be punished for ‘insubordination’ simply because it collectively approved leaves of absence for about 780 medical students, ignoring the Ministry’s ‘policy of disallowing collective leave of absence.’ Universities have no choice but to approve leaves of absence requested by students in accordance with school regulations.

The Yoon Seok-yeol administration’s loud education reform, which called for ‘zero regulation of universities’ even abolishing the University Policy Office, has become worthless. The ‘imperial minister’ style of the Ministry of Education, arbitrarily summoning university presidents and issuing detailed orders on academic and administrative affairs, makes democratization and autonomy of universities impossible. No matter how powerful the Ministry of Education is, laws and procedures must be observed. The Ministry’s ‘conditional leave of absence’ is also an impractical and theoretical idea.

A ‘Plan B’ is urgently needed to supplement the poor education of 7,500 students starting next year. Some experts’ remarks that first-year premedical students will be able to endure are irresponsible. The poor education of the ‘Yoon Seok-yeol generation’ does not end in the premedical stage.

Lee Deok-hwan, Professor Emeritus at Sogang University · Chemistry · Science Communication