"Let's admit one female student" Principal intervened in freshman interview... Supreme Court says "Not obstruction"

The Supreme Court has ruled that a principal who intervened in the admission review meeting for new students at a specialized high school and changed the interview ranking of admitted students cannot be punished for obstruction of business. If there was an exchange of opinions with the interview committee members, it does not constitute obstruction of business.

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The Supreme Court's 3rd Division (Presiding Justice No Jeong-hee) announced on the 18th that it overturned the lower court's ruling that sentenced Mr. A, who was tried on charges of obstruction of business, to a fine of 5 million won, and remanded the case to the Jeonju District Court.

Mr. A, who was the principal of a specialized high school in Jeonbuk, was prosecuted for obstructing the new student interview process in November 2016 by getting angry at the interview committee members during the admission review meeting and making remarks such as "Let’s admit one female student. Fail all the male students."

It was reported that Mr. A said to the interview committee members, "You teachers really don’t listen. In middle school, this much authority is given to the principal and it ends there, so why is this happening?" while getting angry.

Eventually, a student who was ranked 42nd in the score tally and was initially in the failing zone was admitted according to Mr. A’s opinion. During this process, one interview committee member raised an objection, saying, "It is the teachers who guide the students," but as the discussion continued, other committee members agreed to admit the student, resulting in a change in the interview ranking.

The first trial court acquitted Mr. A. However, the second trial court found him guilty, stating, "The selection committee members complied with the defendant’s instructions out of concern that they would face personnel disadvantages if they did not," and sentenced him to a fine of 5 million won.

However, the Supreme Court overturned the second trial’s decision. The court ruled, "It appears that the committee members understood that interview scores could be adjusted based on various opinions expressed during the review meeting, and there is no circumstance to consider these remarks as improper solicitation."

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