Dispute Over Principal Dispatch: Gyeongnam Education Office Rejects Appointment, School Sues

A contentious dispute has erupted between the Gyeongnam Provincial Office of Education and Gyeongnam G High School over the appointment of a principal. The education office has rejected the school's decision to appoint a principal dispatched from Seoul N High School, asserting that it violates the Private School Act. This clash highlights the confusion and differing interpretations surrounding the newly established teacher dispatch system for private schools, introduced in September last year.

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This is an abuse of administrative power and typical institutional bullying that fundamentally blocks the possibility of recovery for the students' lives and safety.

G High School, seeking to stabilize its administration following a series of incidents, decided to appoint a teacher from Seoul N High School as its principal. This move was made possible by the amendment to the Private School Act, which allows for teacher exchanges to facilitate educational activities and smooth curriculum operations. While the Seoul education office and N High School approved the dispatch, the Gyeongnam education office granted the principal's license with the condition that the appointee would be employed by G High School within six months and complete necessary training.

However, the Gyeongnam education office later reversed its stance, claiming the dispatched principal remained employed by their original institution, creating a dual employment situation that contravenes the Private School Act's stipulation that a principal must be appointed by the school's founding foundation. G High School vehemently disagrees, arguing that dispatch is a legitimate personnel practice that maintains employment with the original institution while temporarily performing duties elsewhere. They view the education office's interpretation as a legal error and an "abuse of administrative power" that hinders the school's recovery.

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The dispatched teacher is confirmed to be in a state of dual employment, maintaining their original corporate affiliation. This violates the Private School Act.

The school has now taken the drastic step of filing a lawsuit against the Gyeongnam Superintendent of Education. They contend that the rejection of their appointed principal, who followed all legal procedures, is an act of "institutional bullying" that fundamentally obstructs the safety and recovery of their students. The education office, however, maintains that it consulted legal experts before making its decision and concluded that appointing a teacher from another school as principal is illegal unless the individual severs ties with their original employer.

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Dispatch is a legitimate personnel system that allows temporary performance of duties while maintaining the employment relationship with the original institution. Considering this as dual employment is a legal error.

This case underscores the challenges of implementing new legal frameworks in South Korea's education sector. The differing interpretations of the teacher dispatch system reveal a gap between the legislative intent and its practical application. The Hankyoreh will continue to follow this legal battle, examining how the courts interpret the Private School Act and its implications for private school governance and the newly introduced dispatch system.

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We received legal advice from various experts, including legal counsel, and concluded that appointing a teacher from N High School as principal of G High School is illegal.