Students Restricted from Teacher Certification Exam Due to COVID-19, Second Trial Also Recognizes Only 10 Million Won Compensation

On November 25, 2020, an on-site screening clinic was set up in the parking lot of Dongjak District Office in Seoul for proactive COVID-19 testing.

[Asia Economy Reporter Kim Daehyun] In an appeal trial regarding a damages claim lawsuit filed by examinees who were restricted from taking the teacher appointment exam due to a COVID-19 cluster infection, the court again recognized compensation of only 10 million KRW per person.

At 10:15 a.m. on the 25th, the Civil Division 5 of the Seoul High Court (Presiding Judge Seol Beomsik) announced that it dismissed both the appeals of the 44 examinees and the state in the damages claim lawsuit filed by the examinees against the state.

Earlier, these examinees were collectively diagnosed with COVID-19 at a teacher appointment exam academy in Noryangjin, Dongjak-gu, Seoul, in November 2020. They were restricted from taking the first round of the secondary teacher appointment exam held on the 21st of that month, and they claimed 15 million KRW per person from the state for mental damages due to having to retake the exam, as well as for tuition fees, textbook costs, and living expenses.

The first trial ruled in favor of the examinees. At that time, the court pointed out, "Restricting the examinees from taking the exam due to being confirmed positive excessively infringed on their right to hold public office beyond the necessary scope to protect the safety of examinees and the public."

Furthermore, the court stated, "When the infringement of fundamental rights caused by a public official's act is severe, a higher duty of care is required from the responsible official compared to less severe cases," and ruled, "The restriction on confirmed positive individuals taking the exam lost objective legitimacy to the extent that the state is liable for damages." Considering that confirmed COVID-19 patients were allowed to take other exams such as the College Scholastic Ability Test (CSAT), the court held that restricting only these examinees from taking the exam was discrimination without reasonable grounds.

After the Constitutional Court issued a ruling stating that confirmed positive individuals should be given the opportunity to take the bar exam, the Ministry of Education allowed confirmed positive individuals to take the second round of the teacher appointment exam.

The examinees appealed, dissatisfied with the compensation amount being less than the claimed amount, but the appeal was not accepted.

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