'Overseas Travel Violating Service Regulations' Professors... Court Rules "One-Month Salary Reduction Justified"

1st Trial "Regulations Also Apply to Overseas Travel for Private Purposes"

Seoul Administrative Court, Seocho-gu, Seoul. / Photo by Hyunmin Kim kimhyun81@

[Asia Economy Reporter Kim Daehyun] Professors who were disciplined with a one-month salary reduction for violating service regulations by traveling abroad filed an appeal lawsuit but lost in the first trial.

According to the court on the 21st, the Administrative Division 5 of the Seoul Administrative Court (Presiding Judge Kim Sun-yeol) recently ruled against Professors A and B of a private university in the first trial of the lawsuit to cancel the decision of the Teacher's Appeal Committee against the school corporation.

According to the school's investigation, Professor A had 33 instances of unreported overseas travel from 2012 to 2019, exceeding the allowed period by 190 days. From April to June 2018, he replaced four classes he was in charge of with special lectures by other professors and traveled without going through the related approval procedures.

Professor B was found to have 6 instances of unreported overseas travel during the same period, exceeding the allowed period by 348 days. Even when the president denied his overseas travel requests twice in June 2019, he proceeded with the trips without permission.

The university's service regulation Article 5, Paragraph 1 states, "Faculty and staff shall not leave their assigned posts or engage in other businesses without the president's permission."

When the professors were disciplined with a one-month salary reduction in 2020, they filed an appeal lawsuit. They argued, "The related service regulations apply only to overseas travel for 'work purposes' and do not apply to travel for 'private purposes,'" adding, "the plaintiffs met family abroad during vacation periods or took short-term holidays." They also claimed, "even if the president's permission is required, this regulation infringes on the freedom of residence relocation and the pursuit of happiness."

The first trial court did not accept these claims. The court stated, "Interpreting that there is no separate permission or approval procedure for overseas travel for private purposes contradicts the intent of higher regulations and laws," and "Considering that the plaintiffs have submitted overseas travel approval applications and received approval, this regulation can apply to private overseas travel of less than three months."

Current Article 58, Paragraph 1 of the National Public Officials Act states, "Public officials shall not leave their workplace without the permission of their superior or justifiable reasons," and the court also considered that the service regulations for teachers under the Private School Act apply the regulations for teachers of national and public schools.

The court added, "Teachers must always possess exemplary character and qualities and strive to improve them," and "Higher morality and sincerity are required compared to ordinary professionals, and acts that damage these can undermine public trust not only in the individual but also in the entire teaching community." The professors appealed this ruling.

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