'Allegations of Unfair Special Recruitment' Jo Hee-yeon Side: "The Corruption Investigation Office Has No Authority to Investigate"
Cho Hee-yeon, Superintendent of Seoul Metropolitan Office of Education, is applauding as a special mentor at the new teacher growth support program held on the 12th at Gajaeul Middle School in Seodaemun-gu, Seoul. Photo by Kim Hyun-min kimhyun81@
View original image[Asia Economy Reporter Kim Hyung-min] The office of Cho Hee-yeon, Superintendent of Seoul Metropolitan Office of Education, who is under investigation for allegations of unfair special recruitment of dismissed teachers, claimed that the High-ranking Officials' Crime Investigation Division (PCC) does not have jurisdiction to investigate the case.
Lee Jae-hwa, a lawyer from Jinsung Law Firm representing Superintendent Cho, held a press conference on the 2nd at the Lawyer Education and Culture Center in Seocho-gu, Seoul, emphasizing this point.
Superintendent Cho's side argued that since the charges reported by the Board of Audit and Inspection to the police involve violations of the National Public Service Act, which the PCC cannot investigate, the case should be referred back to the police.
Lawyer Lee said, "The Board of Audit and Inspection did not report to the police on the premise that the crime of abuse of authority, which falls under the PCC's jurisdiction, could be established," adding, "Nevertheless, the PCC accepted the complaint and reference materials and immediately recognized it as abuse of authority and started an investigation."
He emphasized, "Investigating based on a vague assumption that there might be abuse of authority is likely an illegal investigation."
He also argued that the charge of violating the National Public Service Act cannot be established because Superintendent Cho did not unduly influence the special recruitment.
Lawyer Lee stated, "The recruitment was conducted through open recruitment according to the law, legal advice was sought before the announcement, and the five recruits were not predetermined," adding, "If there is controversy over fairness due to excessive discretion of the superintendent, it is a matter to be resolved institutionally by amending the law, not by judicial standards."
He also stressed that Superintendent Cho did not exclude the vice superintendents from the approval line, but that they voluntarily withdrew themselves, and therefore it does not meet the elements of abuse of authority, which involves forcing someone to perform an unnecessary act.
When asked whether Superintendent Cho would appear publicly if summoned by the PCC, Lawyer Lee said, "There has been no summons request yet, but we will actively consider (public appearance) and will do so confidently."
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Superintendent Cho is under investigation by the PCC on charges of directing the special recruitment of five dismissed teachers, including those from the Korean Teachers and Education Workers Union (JeonGyoJo), in 2018, allegedly excluding vice superintendents from work and improperly involving the chief secretary in selecting the screening committee members.
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