Overseas Dispatched Teachers Demand Allowances Equal to Those of Diplomatic Officials... Lost Lawsuit Against the State

Teachers dispatched to Korean schools in China filed a lawsuit against the state demanding allowances equivalent to those of overseas diplomatic officials, but the court did not accept their claim.

According to the legal community on the 16th, the Administrative Division 6 of the Seoul Administrative Court recently ruled against the plaintiffs in a lawsuit filed by four teachers, including Mr. A, against the state claiming wages and other compensation.

Seoul Administrative Court

Mr. A and others were selected as teachers dispatched to a private Korean school in China and worked there between 2018 and 2021. During their dispatch period, they received their salaries from the state, while various allowances were paid by the Korean school in China where they were dispatched. However, they filed a lawsuit challenging the compensation system, arguing that the regulations on allowances for overseas diplomatic officials should also apply to teachers dispatched to overseas Korean schools according to the Public Officials Allowance Regulations. They claimed that setting the allowance amounts paid by overseas Korean schools to dispatched public officials violates higher-level laws.

However, the court stated, "The compensation for public school teachers, who are national public officials, essentially belongs to the realm of national administration with a strong benefit nature," and added, "The Minister of Education is granted discretionary authority regarding the payment of allowances to public officials dispatched to overseas Korean schools," rejecting their claims.

The court explained, "Allowances for public officials are additional payments made according to working and living conditions. Various allowances such as housing allowance and transportation expenses for dispatched public officials may vary depending on the working and living conditions at the school where they actually work."

Furthermore, the court noted, "The Minister of Education, within the scope set by the Public Officials Allowance Regulations, appears to have established and announced the selection plan in this case by comprehensively considering budget conditions, the working and living conditions of overseas Korean schools, fairness with teachers affiliated with overseas Korean schools, and adjusting the payment targets and scope by excluding allowances paid by overseas Korean schools from other overseas institution work allowances."

It also pointed out, "If additional allowances according to the Public Officials Allowance Regulations were paid contrary to the announcement of the selection plan as claimed by the plaintiffs, it would also violate fairness with other educational public officials who did not apply for the selection process."

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