"‘True Education Again’ vs. ‘Concerns Over Ideological Indoctrination’: What Do You Think About the Legalization of Jeon-gyo-jo?"

"Illegal Union Disposition Unlawful" Opens Path to Legalization of JeonGyoJo
Concerns Over Ideological and Political Struggles in Educational Field

Kwon Jeong-o, Chairman of the Korean Teachers and Education Workers Union (JeonGyoJo), and union members are shouting "Banzai" as they leave the courtroom after the Supreme Court ruling on the appeal trial for the cancellation of the notification of the illegal labor union on the 3rd at the Supreme Court in Seocho-gu, Seoul. Photo by Kang Jin-hyung aymsdream@

[Asia Economy Reporter Han Seung-gon] The Supreme Court has delivered a final ruling that the Ministry of Employment and Labor's disposition notifying the Korean Teachers and Education Workers Union (Jeon-gyo-jo) as an 'illegal union' during the Park Geun-hye administration was unlawful. As a result, Jeon-gyo-jo can regain its status as a legal union after seven years. However, some concerns have arisen that Jeon-gyo-jo might resume ideological indoctrination of students.

The key issue in this trial was whether Article 9, Paragraph 2 of the Enforcement Decree of the Labor Union Act, which is the basis for notifying Jeon-gyo-jo as an illegal union under Article 9, Paragraph 1 of the Enforcement Decree of the Teachers' Union Act, violated the Constitution.

The relevant enforcement decree stipulates that "if non-teachers are allowed to join, the union must be notified as not being recognized as a labor union." Because of this, the government viewed the notification of illegal union status as a lawful and proper executive order with legal grounds.

On the other hand, Jeon-gyo-jo argued that it was unfair for the executive branch to arbitrarily restrict the rights of a legally recognized union through an enforcement decree.

The Supreme Court ruled, "The notification of illegal union status, which is practically equivalent to union dissolution, being stipulated by an enforcement decree rather than by law, is unconstitutional as it fundamentally restricts the three labor rights."

The concern is not a legal debate but the fear that Jeon-gyo-jo may engage in ideological and political struggles in the educational field. Founded in 1989 under the banner of true education, Jeon-gyo-jo has been criticized by some for drifting away from being a purely teachers' union.

A representative case is the 2005 incident where a Jeon-gyo-jo teacher educated middle school students about partisans. Mr. Kim, a middle school teacher in Jeonbuk, participated with students' parents in the eve ceremony of the 'South Korea Unification Patriotic Martyrs Memorial' held at Hoemun Mountain in Jeonbuk in May 2005 and was indicted for violating the National Security Act but was acquitted in the first and second trials.

Subsequently, the Supreme Court overturned the acquittal and remanded the case to the Jeonju District Court with a guilty verdict. The Supreme Court pointed out, "The defendant's actions actively expressed support for the activities of an anti-state organization," and "the lower court did not conduct the necessary examination."

In November 2019, there was also an incident where students of Inheon High School submitted a petition to the Seoul Metropolitan Office of Education requesting an audit of politically biased teachers' behavior.

At that time, some third-year students of Inheon High School held a press conference under the name 'Inheon High School Student Protection Union,' claiming that before the school's marathon event, some teachers made students write declarations with anti-Japanese slogans, and during the marathon, students were made to shout slogans such as "Oppose Japanese economic aggression. Down with Abe of the Liberal Democratic Party," and those who did not wear political declarations on their bodies were not allowed to cross the finish line.

In response, the Seoul Metropolitan Office of Education conducted a special inspection and stated, "It cannot be considered as forced political (ideological) indoctrination or politically biased educational activities."

However, an anonymous survey of all 441 students at the time revealed that students felt there was coercion in 'making declaration bands' (21 students) and 'chanting marathon slogans' (97 students). They also reported hearing teachers say things like "Cho Kuk news is fake" (29 students) and "Are you an Ilbe member?" (28 students).

The Office of Education stated, "In this special inspection, it was confirmed from the students' perspective that some teachers made inappropriate remarks," but judged that "considering the context, the teachers' remarks were not of a nature to be subject to legal or administrative disciplinary action."

In January 2018, members of the Korean Teachers and Education Workers Union (KTU) demanding the withdrawal of the non-legal union status [Image source=Yonhap News]

Public opinion is divided regarding Jeon-gyo-jo, which has regained legal union status due to the Supreme Court ruling.

Mr. Kim, a man in his 40s with two elementary school children, said, "I naturally support history education at a reasonable level, but if a teacher's personal views are included, students who are just beginning to establish their identity will inevitably be influenced," adding, "In this regard, I hope they just focus on proper education."

On the other hand, there is a different view. Mr. Park, a man in his 30s working at a company, said, "To properly understand Korea's complex history, shouldn't we hear all perspectives, both progressive and conservative? Ultimately, the students who learn will make the judgment," emphasizing, "Also, nowadays, almost all information can be obtained via the internet. Ideological indoctrination is neither done nor possible."

The Korea Federation of Teachers' Associations (KFTA) expressed respect for the Supreme Court ruling, stating, "As the Republic of Korea is a country governed by the rule of law, we respect the Supreme Court's decision," but also expressed skepticism about the ruling being opposite to the first and second trials.

KFTA pointed out, "It will be difficult to avoid controversy as the ruling contradicts previous decisions by the Constitutional Court and the first and second trial court rulings."

Regarding criticisms of Jeon-gyo-jo related to ideological indoctrination controversies, KFTA said, "There have been criticisms and concerns about Jeon-gyo-jo's political nature and bias from parts of our society and the public," and added, "Now that the path to a legal union is open, we expect cooperation in educational development, including overcoming COVID-19, resolving educational gaps, and revitalizing schools, while adhering to laws and principles."

Meanwhile, the Ministry of Employment and Labor issued a press release immediately after the Supreme Court ruling, stating, "In accordance with the Supreme Court's ruling, we will promptly proceed with the cancellation of the notification that Jeon-gyo-jo is not a union."

This content was produced with the assistance of AI translation services.