Court Recognizes Teacher Abuse Cases: 'No Manners' Remarks Deemed Educational Activity Infringement

The Seoul Metropolitan Office of Education recently hosted its second forum on protecting educational activities, focusing on the "Seoul Education Activity Infringement Unique Complaint Response System: Achievements and Tasks." Lawyer Kim Mi-hye presented on the criteria for judging, concluding, and transferring unique complaints that disrupt teachers' work.

According to the Teacher Status Act, a "unique complaint" involves repeatedly filing unjustified complaints, persistently demanding actions beyond a teacher's legal obligations, or repeatedly and unfairly interfering with legitimate educational activities. Court precedents illustrate this, including cases where continuous demands for a homeroom teacher change and student absences, without proper procedure, were deemed infringements. Such demands are considered undue interference unless they are a last resort in extreme situations.

Further examples cited by the court include pressuring teachers by demanding unexcused absences be treated as sick leave, despite correct attendance processing. Repeated objections to attendance records and pressure were key grounds for these rulings. Similarly, persistent inquiries about school violence disciplinary actions and unreasonable demands for a perpetrator student's class change were also recognized as infringements, as they caused significant psychological pressure by forcing continuous explanations from the teacher.

Lawyer Kim emphasized the need for legal grounds for measures against guardians who infringe on educational activities. While students are subject to guidelines for such infringements, guardians currently lack specific regulations. She also advised on operating effective special education programs to prevent recurrence and imposing stricter fines for non-compliance. Kim stated, "Unique complaints infringing on educational activities are not just individual teacher suffering but a serious issue that steals the legitimate learning rights of the entire class." She believes that effective institutional improvements based on the revised law are the surest way to protect classrooms and ensure the holistic growth of all students.