Seoul Metropolitan Office of Education Requests Reconsideration of Three Cases Including 'Abolition of Ecological Transition Education Ordinance' to Seoul Metropolitan Council

Environmental Education Ordinance Replacement "Violation of Superior Law"
Labor Union Support Ordinance "Infringement of Superintendent's Authority"

The Seoul Metropolitan Office of Education has requested the Seoul Metropolitan Council to reconsider three matters, including the repeal of the ordinance that serves as the basis for ecological transition education.

On the 26th, the Seoul Metropolitan Office of Education announced that it would request reconsideration from the city council on three ordinances: ▲ the ordinance to repeal the ordinance on the activation and support of ecological transition education ▲ the ordinance on the activation and support of school environmental education ▲ the ordinance on standards for supporting labor unions. The Seoul Metropolitan Office of Education stated that this decision was made after reviewing multiple opinions following legal consultation with an external agency.

They viewed the repeal of the 'Ecological Transition Education Ordinance' and its replacement with the 'Environmental Education Ordinance' as violating higher laws. The Seoul Metropolitan Office of Education pointed out, "School environmental education defined in the Environmental Education Act and ecological transition education under the Framework Act on Education and the 2022 revised curriculum are based on different legal grounds." They added, "The Environmental Education Ordinance mainly concerns administrative and financial support for environmental education, so it is difficult to replace the Ecological Transition Education Ordinance, which establishes and implements policies necessary for ecological transition education based on Article 22 of the Framework Act on Education." They further stated, "The repeal of the Ecological Transition Education Ordinance may be considered invalid due to lack of legitimacy and legal compliance."

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Regarding the repeal of the Ecological Transition Education Ordinance and the enactment of the Environmental Education Ordinance, they explained, "Although transitional measures are necessary to maintain the effect of the old law, the absence of transitional provisions appears to be a cause of illegality and invalidity." They also pointed out, "Repealing the Ecological Transition Education Ordinance after just over two years and enacting the Environmental Education Ordinance may cause confusion in schools, and this is considered an abuse or deviation of the council's discretion in ordinance enactment."

The Seoul Metropolitan Office of Education also viewed the ordinance on standards for supporting labor unions as subject to the 'collective bargaining right' guaranteed by Article 33 of the Constitution, and restricting this right through an ordinance violates the 'principle of legal reservation' stated in Article 37 of the Constitution. They continued, "According to the proviso of Article 28(1) of the Local Autonomy Act, when enacting an ordinance that restricts residents' rights or imposes obligations or penalties, there must be delegation of authority by law." They emphasized, "This ordinance restricts collective bargaining rights without legal delegation and is therefore invalid." Furthermore, they said, "Intervening proactively and in advance in the superintendent's inherent authority (collective bargaining rights and collective agreement rights with labor unions) through an ordinance may infringe on the superintendent's authority."

Superintendent Cho said, "Based on the results of multiple legal consultations, we intend to have the city council reconsider whether these ordinances violate laws or significantly harm the public interest." Following the education office's request, the city council must reconsider the ordinances. After reconsideration, if a majority of the total members are present and two-thirds or more of those present approve, the ordinance is confirmed. However, under Article 120 of the Local Autonomy Act, if the superintendent judges that the reconsidered matter violates laws, they may file a lawsuit with the Supreme Court.

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