[Reporter’s Notebook] Teachers' Rights Protection Committees Swayed by Principals' Discretion

Teachers' Rights Committees Swayed by Principals' Discretion
Lack of Legislation and Manuals Leaves Measures Ineffective
Policies Must Be Designed to Reach the Classroom

"The statistics on violations of teachers' rights announced by the government are just the tip of the iceberg. Although there is a Teachers' Rights Protection Committee, teachers are unable to report incidents."

A primary school teacher met during the coverage of the ‘Seoi Elementary School Teacher Death Incident’ appealed that the government’s measures to protect teachers' rights have many loopholes. According to the Teacher Status Act, each school has a ‘Teachers' Rights Protection Committee’ to handle cases of rights violations. The committee can transfer or expel problematic students. However, teachers said that the committee’s effectiveness depends on ‘what kind of principal’ is in charge.

Upon investigation, it was found that the cause lies in inadequate legislation. Current law leaves the convening of the committee to the discretion of the principal and the committee chairperson. The six criteria listed in the Ministry of Education’s ‘Notice on Standards for Acts Infringing on Educational Activities and Corresponding Measures,’ which serve as the basis for convening the committee, make it difficult to address excessive complaints from parents or false accusations. As a result, principals tend to make passive decisions depending on their inclinations.

The reason effective measures to protect teachers' rights have not been established is largely because the government and the National Assembly have treated the issue as a low priority. Although the Ministry of Education announced the ‘Plan to Strengthen Prevention and Response to Infringements on Educational Activities’ last December, follow-up legislation and manuals have not been implemented, rendering it ineffective in schools. The National Assembly has also submitted bills to amend laws related to teachers' rights since the end of last year, but they have yet to be reviewed due to being overshadowed by other bills. Because of this, teachers cannot even report numerous violations of their rights occurring in classrooms that are not supported by laws or ordinances.

The government must redesign policies to protect teachers' rights so that they reach teachers in the field. First, the Ministry of Education’s notice should be revised so that the Teachers' Rights Protection Committee is convened whenever a case meeting the criteria arises, rather than leaving it to the discretion of the principal and the committee chairperson. Additionally, actual issues occurring in the field, such as malicious complaints from parents and false reports, should be included as types of rights violations defined by law. It is said that the Ministry of Education and the Seoul Metropolitan Office of Education are discussing ways to share the responsibility for handling parental complaints and student guidance, which currently fall solely on individual teachers, with schools and government agencies. It is also necessary to consider unifying the complaint channels for parents to schools rather than individual teachers, and establishing external institutions responsible for psychological treatment and management of problematic students during this opportunity.

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