Court to rule on students’ rights ordinance

By Na Jeong-ju

The education ministry launched a legal battle to nullify the Seoul Metropolitan Office of Education’s (SMOE) controversial ordinance on enhancing students’ human rights Thursday, after the office promulgated it despite the ministry’s opposition.

The ordinance took effect as soon as it was published in Seoul City’s official gazette. Shortly after, the ministry filed a petition with the Supreme Court to invalidate it and asked the court to prevent it from being implemented until a verdict is delivered.

The ministry’s legal action against a regional educational office over the latter’s policy is unprecedented in the country. Analysts predict that the court will make a ruling next month given that most schools start their academic year in March.

The clash represents the growing conflict between Education Minister Lee Ju-ho and top Seoul educator Kwak No-hyun over school-related issues. Lee has long opposed the ordinance, saying it is “too radical” and lacks social consensus.

The ordinance, one of Kwak’s flagship reform programs, prohibits corporal punishment by teachers and discrimination against homosexual and pregnant students. It also allows pupils to hold assemblies and rallies at their schools and gives them freedom to choose their own hairstyle and clothing.

“Lee had instructed Kwak to reconsider the ordinance in accordance with related rules, but he rebuffed this,” said Oh Seung-geol, a ministry official. “If schools in Seoul follow the ordinance, there will be a lot of confusion. The lawsuit is part of our efforts to prevent possible disturbances at schools and protect the rights of teachers.”

Oh said the ministry is considering filing a lawsuit against Kwak as well for neglect of duty.

The liberal educator is currently appealing a conviction on bribery charges. He had been detained since being indicted in September but was released from jail last week following the district court ruling. The court found Kwak guilty and fined him 30 million won ($26,400) without imposing a jail sentence. He can work as the SMOE superintendent until the ruling by an appeals court.

One day after the verdict, Kwak, a former law professor, vowed to push his reform plans calmly and strongly, saying, “I trained my mind and body well for the past months while in prison.”

He had been in conflict with the education ministry over his plans, including the ordinance on students’ human rights and the provision of free lunches to elementary and middle school students.

The Seoul City Council, controlled by the main opposition Democratic United Party, approved the ordinance in December. SMOE’s vice superintendent and Lee’s aide, Lee Dae-young, who was serving as the office’s acting superintendent while Kwak was behind bars, refused to follow the decision and asked the council to reconsider it.

After returning to work, however, Kwak gave the go-ahead to the students’ rights ordinance.

Similar measures were adopted by other liberal-controlled education offices in Gyeonggi Province and Gwangju.

Liberals have claimed that the measures will help raise social awareness on human rights violations at schools, but the ministry and conservatives say it will make it difficult for teachers to educate students.

SMOE said the human rights ordinance has pros and cons, but in the long term, will reshape the relationship between teachers and students in a positive way.