Assemblyman Seodongyong Proposes Amendment Bill for 'Five Laws Guaranteeing Educational Activities'

Guaranteeing Teachers' Educational Activities, Preventing Human Rights Violations, Including the Teacher Status Act

Assemblyman Seo Dong-yong (Jeonnam Suncheon Gwangyang Gokseong Gurye-eul) held a press conference on the 27th at the National Assembly Communication Hall together with the Korean Teachers and Education Workers Union, announcing the proposal of a revision bill for the ‘Five Acts to Guarantee Educational Activities.’ This aims to protect students' right to education through the guarantee of teachers' educational activities and to prevent human rights violations against teachers.

The ‘Five Acts to Guarantee Educational Activities’ were prepared as a follow-up to the ‘Creating Schools Where Education Is Possible’ forum jointly hosted by Assemblyman Seo Dong-yong and the Korean Teachers and Education Workers Union on May 12.

[Photo by Seodongyong Office]

The five acts proposed this time consist of the Special Act on the Improvement of Teachers’ Status and Protection of Educational Activities, the Elementary and Secondary Education Act, the Early Childhood Education Act, the Special Act on the Punishment of Child Abuse Crimes, and the Child Welfare Act. They were established as preemptive measures to resolve causes that hinder educational activities such as indiscriminate child abuse reports against teachers, malicious complaints, and workplace harassment.

The Teacher Status Act includes provisions on obstruction of official duties, obstruction of official duties by intimidation, and false accusations under acts infringing on educational activities. It stipulates that if false reports are made or teachers’ legitimate official duties related to educational activities are obstructed, relevant agencies must take necessary measures for teachers’ recovery and restoration of their rights.

Furthermore, to expand and strengthen the dispute resolution procedures for educational activities, a new Educational Activity Dispute Mediation Committee has been established. This clarifies the scope of disputes, such as whether a teacher’s conduct during educational activities infringes on children’s human rights, and specifies procedures for mediation, thereby enhancing the effectiveness of dispute resolution between teachers and parents or teachers and students occurring in schools.

Additionally, to protect teachers from verbal abuse, physical assault, and other physical or mental distress caused by malicious complainants during student guidance and educational activities, superintendents of education are empowered to take various measures such as health hazard prevention and temporary suspension of duties. At the same time, provisions to prevent workplace bullying within schools have been established to stop acts that cause physical or mental distress or worsen working conditions by exploiting hierarchical or relational superiority among school principals or teachers, thereby strengthening the safety net for teachers.

The amendments to the Elementary and Secondary Education Act and the Early Childhood Education Act require education offices to establish Child Abuse Case Judgment Committees. When a teacher’s conduct during educational activities is reported as child abuse, these committees review the appropriateness of the educational activity. They also provide the basis for establishing and operating dedicated child abuse organizations and officials, ensuring smooth school education while protecting teachers and children.

The Child Abuse Punishment Act stipulates that in cases of child abuse reports arising during student guidance by teachers, judicial police officers must consult with the superintendent of education regarding whether the conduct was appropriate as an educational activity before handling the case. Prosecutors are to consider this opinion when deciding on transferring child protection cases, filing charges, or suspending prosecution, thereby strengthening the rights and interests of both the victimized children and teachers.

The Child Welfare Act mandates that local government child abuse dedicated officials cooperate with officials in child abuse dedicated organizations established in education offices when responding to child abuse reports and performing their duties. This considers the unique nature of schools and educational activities to guarantee teachers’ legitimate educational activities and to enable a more objective evaluation of child abuse reports arising during educational activities.

Assemblyman Seo Dong-yong stated, “The number of elementary and secondary school teachers reported for child abuse surged from 136 in 2020 to 634 in 2022, but the number of teachers actually disciplined was relatively low, with 73 in 2020 and 100 in 2022.” He added, “Even if it is ultimately proven that the teacher was not guilty of child abuse, being reported damages the teacher’s reputation and can lead to mental harm and decreased morale, which may result in a contraction of educational activities.”

He continued, “Although the purpose is to protect children from abuse, there are concerns that the Child Abuse Punishment Act is being misused in educational settings. Therefore, I judged that comprehensive legal revisions considering the unique nature of educational activities are necessary.” He added, “Since the Five Acts to Guarantee Educational Activities include provisions to prevent not only indiscriminate child abuse reports but also malicious complaints and workplace harassment, I will do my best to improve teachers’ rights and protect students’ right to education through the passage of these amendments.”

Asia Economy Honam Reporting Headquarters, Reporter Heo Seon-sik hss79@asiae.co.kr

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