Human Rights Commission: School Regulation Requiring 'President's Approval' for Student Council Activities Violates Freedom of Expression

[Asia Economy Reporter Seongpil Cho] The National Human Rights Commission has ruled that a university regulation requiring prior approval from the university president for student council activities constitutes an excessive restriction on student autonomy and infringes on freedom of expression.

On the 26th, the Human Rights Commission recommended that the president of University A delete or amend Article 40 of the school regulations, which contains such provisions, to avoid excessively restricting student autonomous activities. The commission elaborated, "The regulation requiring all student activities to receive prior approval from the president infringes on students' freedom of expression guaranteed under Article 21 of the Constitution."

According to the commission, Article 40 of University A's regulations stipulates that student organizations or students must obtain the president's approval to conduct various activities such as on-campus advertising, distribution of printed materials, inviting external speakers to campus, and collaborating with external organizations or individuals. The student council president of this university filed a complaint with the Human Rights Commission, arguing that the regulation restricts student council autonomy and infringes on freedom of expression. The president of University A stated, "Article 40 of the school regulations is recognized by the Ministry of Education and was created to prevent interference with students' right to learn due to political issues during student activities, as well as to avoid disruption of academic operations and study atmosphere," adding, "Other universities have similar regulations."

However, the Human Rights Commission judged that "the school's claim does not meet the requirements for restricting fundamental rights." The commission stated, "Restrictions on student activities should be minimal and within the scope of encouraging and protecting student autonomy according to the Higher Education Act," and added, "Fundamental rights guaranteed by the Constitution and laws cannot be restricted by school regulations solely based on the reasons claimed by the university."

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