Seoul Metropolitan Council Expresses Regret Over Habitual Ordinance Nullification Lawsuit Against Seoul Metropolitan Office of Education

"The Supreme Court Will Support the Legislature's Position to Save Citizens' Taxes"

The Seoul Metropolitan Council expressed strong regret on the 5th regarding the Seoul Metropolitan Office of Education’s uneducational behavior of habitually rushing to the courts, ignoring the citizens' desire for educational reform in Seoul, and falling into factional logic. This follows the Office of Education filing a lawsuit with the Supreme Court to confirm the invalidity of three ordinances, including the 'Ordinance on Standards for Supporting Labor Unions of the Seoul Metropolitan Office of Education' (hereinafter referred to as the ‘Labor Union Support Standards Ordinance’), which the council re-approved on the 15th of last month and which Chairman Kim Hyun-ki promulgated ex officio.

Lee Jong-bae, spokesperson for the Seoul Metropolitan Council, stated, “Considering the past behavior of Superintendent Cho Hee-yeon’s Office of Education, which has thoroughly protected the interests of specific factions such as the Korean Teachers and Education Workers Union (Jeon-gyo-jo) over the interests of the majority of citizens, this Supreme Court lawsuit was a fully anticipated scenario.” He added, “The council will prove the legitimacy of the approved ordinances through diligent legal responses.”

Regarding the Labor Union Support Standards Ordinance, the Office of Education argues that it violates the constitutional principle of legal reservation on restrictions of fundamental rights by limiting the constitutionally guaranteed collective bargaining rights and collective agreements of labor unions through an ordinance without explicit legal delegation.

However, our constitution and laws recognize broader restrictions under laws for public institutions and their employees compared to the general public and private sector unions. Furthermore, the Supreme Court has progressively interpreted laws in a way that respects the autonomous legislative power of representative bodies like the council, generally recognizing legislative authority as long as it does not conflict with laws.

The Seoul Metropolitan Council’s Labor Union Support Standards Ordinance aligns with laws and Supreme Court interpretations. It does not infringe on the essential content of collective bargaining rights between the superintendent and labor unions but merely imposes some restrictions, such as limiting the maximum size of offices provided free of charge to unions. The council has simply fulfilled its natural duty to oversee the proper use of taxes.

The Seoul Metropolitan Office of Education has as many as 11 labor unions. Not only do they use offices free of charge, but they also receive tens of millions to hundreds of millions of won annually from taxes for office equipment replacement costs and union-hosted event expenses per union.

Among the 11 unions, 10 have offices exceeding 100㎡ (approximately 30 pyeong). In particular, Jeon-gyo-jo uses an entire floor spanning several hundred pyeong in Jongno-gu, Seoul, as its union office. Deposits and other costs have been paid from taxes. This ordinance proposes setting the standard for such free support at 30 pyeong.

Spokesperson Lee Jong-bae said, “If unions need spacious offices, they should prepare and use them with their own union dues.” He added, “I want to ask Superintendent Cho why the taxes of Seoul citizens should be used to maintain and operate massive union offices.” Lee also noted, “In a situation where idle spaces within the Seoul Metropolitan Office of Education continue to increase due to school closures, it is incomprehensible to spend tens of billions of won on renting private external buildings for unions like Jeon-gyo-jo.”

The Seoul Metropolitan Council has adhered to the ‘3-No Principles’ (No unnecessary use, No unclear purpose, No unclear effect) in spending citizens’ taxes, following Chairman Kim Hyun-ki’s conviction. The ordinance setting standards for labor union support can be seen as a concretization of these 3-No Principles.

Lee Jong-bae expressed confidence, saying, “I am sure that the public opinion of Seoul citizens and the Supreme Court will support the council’s ordinance, which aims to curb the superintendent’s preferential budget execution for specific factions and to use public resources prudently for the public interest of our community.”

The ordinance to repeal the ‘Ordinance on Activation and Support of Ecological Transition Education of the Seoul Metropolitan Office of Education’ and others, which the Office of Education also filed lawsuits over, aims to improve budget execution efficiency by correcting the establishment and operation of funds dedicated to a single project. The council is by no means ignoring ecological education in response to the climate crisis or distancing itself from urban-rural coexistence.

Lee Jong-bae stated, “Programs such as rural study trips for Seoul students can be sufficiently conducted under alternative ordinances, and the Seoul Metropolitan Council has always been proactive in promoting cooperation between local areas and Seoul.” He added, “We will firmly respond to the spread of fake news suggesting that the council neglects ecology and local areas.”

Chairman Kim Hyun-ki emphasized, “The ordinances filed by the Office of Education were enacted through legitimate procedures and lawfully established by the chairman’s ex officio promulgation; therefore, the Office of Education must comply with the ordinances.” He added, “The Office of Education’s intentional request for suspension of execution is an act of disregarding the council as the representative body of citizens, and if the suspension is dismissed, we will strictly hold them legally accountable.”

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