'Disciplinary Action for Wearing Rainbow Clothes to Worship'... Theology Students in Years-Long Lawsuit with School

"Wearing Rainbow Clothes to Worship"... Jangsin University Disciplines 4 Graduate Students
Students Say "Based on General Assembly's Position, We Only Said 'Don't Hate Homosexuals'"
Students Win Consecutive Lawsuits and Injunctions Against Disciplinary Actions,
"School Does Not Immediately Lift Discipline, Causes Defamation... Files Damage Claims Citing Pastor Exam Failures"

Graduate students at the seminary who wore rainbow clothing to attend an on-campus worship service and were disciplined have been engaged in legal battles with the school for several years. Photo is unrelated to the article content.

[Asia Economy Reporter Kim Daehyun] Seminary students who were disciplined by their school for attending an on-campus worship service wearing rainbow clothing have been engaged in a legal battle with the school for several years.

On the 31st anniversary of the International Day Against Homophobia, Transphobia, and Biphobia on the 17th, according to the court on this day, the Seoul High Court Civil Division 9 (Chief Judge Nam Seongmin) recently held an appellate hearing for a damages claim lawsuit filed by four seminary students, including Oh Sechan, against their school, Jangsin University Seminary. The court requested, "The school should provide the legal basis for the disciplinary procedures, and the students should specify the details of the disadvantages," setting the next hearing date for the 16th of next month.

Previously, on May 17, 2018, the students attended an on-campus worship service wearing 'rainbow clothes' as a sign of solidarity with sexual minorities. Photos taken after the service were shared on social networking service (SNS) accounts. This act was based on the Presbyterian General Assembly resolution stating, "While opposing homosexuality, we regard homosexuals not as objects of hatred and exclusion but as subjects of love and change."

The issue began when the school imposed disciplinary measures such as indefinite suspension, probation, and submission of reflection letters on the students following backlash from some Protestant groups.

◆ Court: "General Assembly also resolved 'Opposition to Hate'... Disciplinary Actions Against Students Are Illegal" Students Win Lawsuit to Nullify Disciplinary Actions

The students filed injunctions to suspend the disciplinary actions and lawsuits to confirm the invalidity of the disciplinary measures against the school and won all cases in court. The injunction court stated, "The school also announced that it judged the students acted with the intention of opposing hate, not supporting or endorsing homosexuality," adding, "There is insufficient evidence to recognize that the students' actions disrupted or interfered with the worship service, nor can it be considered an illegal event." The court confirming the invalidity of the disciplinary actions also ruled in favor of the students, citing procedural defects in the disciplinary process.

Nevertheless, the school did not immediately lift the disciplinary actions, arguing that "the procedure was illegal, but the content was not." The school even amended the school regulations to facilitate easier disciplinary measures.

The students filed a damages lawsuit, stating, "Our careers as pastors have been jeopardized, with some resigning from their positions as evangelists or failing pastoral exams due to being stigmatized by the denomination." The lawsuit demands that the school announce the results of the disciplinary lawsuit loss on its website and pay each student damages ranging from 10 million to 15 million won. Oh said, "The General Assembly's position is that 'homosexuality is a sin, but homosexuals should be embraced,' and we acted based on the General Assembly's stance on the Day Against Hate. The disciplinary actions were problematic and excessive without any discussion," he appealed.

◆ Damages Lawsuit in Second Trial... Key Issues Include Proof of Defamation and Mental Damages

The first trial of the damages lawsuit did not accept all of the students' claims. The first trial court acknowledged that "the school failed to immediately remove the appearance of the disciplinary actions suspended by the injunction decision," but did not recognize any additional damages suffered by the students.

Park Hanhee, a lawyer from the organization Hope Making Law representing the students, said, "The school defamed the students by distributing a booklet of the disciplinary results to the General Assembly," adding, "We intend to prove mental damages suffered during the delayed lifting of the disciplinary actions in the appellate trial." She further stated, "Students should be able to freely engage in activities within the school, and the school must protect them when they face unfair treatment. The damages suffered by the students are significant, and we aim to have the school's clear illegality recognized in the appellate trial."

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