If the Order for Relief by the Teacher Appeal Review is Ignored, a Fine of 20 Million KRW Will Be Imposed

Reappointment Review Must Be Completed Within 90 Days
Compliance Required Within 30 Days After Remedial Order
Reappointment Denial, Dismissal, Removal, or Resignation
Enforcement Fine Starting from 10 Million KRW

[Asia Economy Reporter Han Jinju] School corporations that do not take action even after the decision of the teacher appeal review will be subject to a compliance penalty of up to 20 million KRW.

On the 17th, the Ministry of Education announced that it reviewed and approved a partial amendment to the "Regulations on Teacher Appeals" at the Cabinet meeting. With the Teacher Status Act coming into effect on the 24th, the amendment specifically stipulates the remedial order procedure, the criteria for calculating compliance penalties, and the procedure for refunding compliance penalties.

The Regulations on Teacher Appeals specify the period within which the disposition authority, such as the Minister of Education, must implement remedial measures to effectively restore rights after the teacher appeal review decision. After the decision of the Appeal Committee, the disposition authority must implement remedial measures and submit the results within 30 days.

If the relevant school corporation fails to implement the remedial measures, a compliance period can be set to order the remedial action within that period. The compliance period is within 30 days after the notification of the remedial order, but in the case of reappointment review, it is within 90 days. If remedial measures are not taken within the compliance period, compliance penalties may be imposed and collected.

Compliance penalties can be imposed up to twice a year, with a maximum of 20 million KRW per instance over two years. The criteria for calculating compliance penalties are set as follows: 10 million KRW per instance and 20 million KRW for four instances in cases of non-compliance with remedial orders for reappointment refusal, dismissal, discharge, resignation, or appointment cancellation. For non-compliance with remedial orders for suspension or demotion, the penalty ranges from 5 million to 14 million KRW; for non-compliance with pay reduction, reprimand, or suspension from duty, from 3 million to 9 million KRW; and for other unfavorable dispositions, from 2 million to 5 million KRW.

The Minister of Education or the Superintendent of Education must notify the disposition authority 30 days before imposing the compliance penalty. Additionally, when imposing the penalty, they must set the payment period within 15 days after the notification. The regulations detail the types of violations and the number of non-compliance instances with remedial orders. They also specify the criteria for calculating penalties, refund procedures, and the handling of sensitive and unique identification information necessary for imposing and collecting compliance penalties.

The Teacher Appeal Review Committee was established in 1991 under the name "Teacher Disciplinary Reconsideration Committee." It covers not only national and public institutions but also private kindergartens through universities. Teachers who receive unfavorable dispositions against their will can file an appeal review request within 30 days after the disposition.

Deputy Prime Minister and Minister of Education Yoo Eun-hye stated, "With this amendment to the enforcement decree, the enforceability of the Teacher Appeal Review Committee's decisions will be guaranteed, which is expected to better contribute to the protection of teachers' rights and interests."

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