University Students Who Took Remote Classes Due to COVID-19 Lose First Trial in 'Tuition Refund Lawsuit'

Law: "COVID-19 Spread, a Global Disaster Situation No One Could Have Predicted"

University students belonging to the 2021 Tuition Refund Movement Headquarters are performing the Samboilbae near Gyeongbokgung Station in Jongno-gu, Seoul on March 28 last year, urging the refund of university tuition fees due to the impact of COVID-19 non-face-to-face classes. Photo by Hyunmin Kim kimhyun81@

"The spread of COVID-19 was an unprecedented global disaster that no one could have predicted. While it is true that enrolled students were unable to fully enjoy the university life they dreamed of and expected, based solely on the submitted evidence, it is judged that legal responsibility cannot be imposed on the defendants (such as the schools and the state)." (Judge)

In the first trial of a tuition refund lawsuit filed by private university students against the government and various universities, claiming that their right to learn was violated due to remote classes conducted during COVID-19, all claims were dismissed.

At 10:10 a.m. on the 1st, the Civil Division 47 of the Seoul Central District Court (Presiding Judge Lee Oh-young) ruled in the first trial of a lawsuit seeking approximately 3.136 billion KRW in tuition refunds, filed by the National University Student Council Network and about 2,700 private university students against 27 universities nationwide and the state, stating, "All claims of the plaintiffs are dismissed. The plaintiffs shall bear the litigation costs."

The court stated, "Around the first semester of 2020, in the global disaster situation caused by COVID-19, the school corporations providing classes in a non-face-to-face manner were unavoidable measures to guarantee students' right to learn while also protecting the lives of students and the public."

Furthermore, "The non-face-to-face class method adopted to respond to COVID-19 was an educational approach adopted by many countries worldwide, not just in our country, and thus is not considered unlawful by social standards," adding, "no specific evidence was submitted to show that the non-face-to-face classes conducted by the school corporations fell short of the plaintiffs' expectations or were inadequate."

The court also said, "Considering related provisions such as the Higher Education Act and the fact that non-face-to-face classes were conducted in the context of the COVID-19 pandemic, it is difficult to hold the Minister of Education responsible for not forcibly ordering or actively recommending tuition refunds," and therefore rejected the claim for state compensation.

Earlier, private university students who paid tuition for the first semester of 2020 had to attend "remote classes" due to the nationwide spread of COVID-19 and quarantine measures including social distancing. The students filed a lawsuit in July 2020, claiming, "The university conducted poor-quality remote classes citing COVID-19 quarantine reasons, infringing on our right to learn, so tuition should be refunded." The claimed amount was about 1 million KRW per person.

They argued that they "did not receive education commensurate with the tuition paid," and that "the university did not spend the experimental practice fees and facility usage fees included in the tuition, so it is responsible for returning unjust enrichment." They also held the government accountable, claiming that the Minister of Education "did not take appropriate measures regarding the infringement of learning rights and property rights."

The universities countered, "COVID-19 is a special disaster situation, and there was no intentional or negligent fault on the part of the schools in conducting remote classes." They also argued that "although face-to-face classes were not held, salaries for professors and staff were paid as usual," and "additional expenses were incurred for quarantine and establishing online class systems."

This ruling is expected to influence similar tuition lawsuits related to remote classes due to COVID-19. In lawsuits filed against eight private universities including Kwangwoon University, Kookmin University, and Hongik University, 27 students participated, while about 400 students participated in lawsuits against national universities such as Seoul National University and Incheon National University. These cases are still in the process of hearings, and no trial dates have been set. This precedent is expected to serve as a key reference.

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