South Korea expands teacher immunity for field trip accidents, but vagueness concerns remain

South Korea's Ministry of Education has unveiled plans to broaden legal protections for teachers involved in accidents during school field trips, a move intended to ease anxieties that have led some educators to avoid organizing such activities. The new measures, set to be implemented in the first half of next year, aim to shield teachers from legal liability in cases of unintentional accidents.

The core of the proposed changes involves revising the School Safety Act. Under the new framework, teachers would only face legal responsibility for accidents stemming from intentional acts or gross negligence. This marks a significant shift from the current standard, which holds teachers accountable if they are deemed to have not fulfilled their safety duties. The ministry also plans to specify standards for accident prevention activities within the school safety guidelines.

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The court has consistently interpreted 'intent' as a situation where a specific action was taken despite the clear foreseeability of illegality and danger.

To further reduce the administrative burden on teachers, each of the country's 17 education support centers will establish dedicated personnel to manage tasks such as contracts and safety checks for field trips. The ratio of support staff to students will also be improved, moving from one staff member per 50 students to one per classroom. The ministry also intends to simplify the field trip manual.

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The responsibility to prove the absence of gross negligence still lies with the teacher, making the plan insufficient to resolve on-site anxieties.

Despite these proposed improvements, teacher organizations have expressed reservations. While acknowledging some progress, they argue that the definition of "intentional acts or gross negligence" remains ambiguous. Unions like the Korean Teachers and Education Workers' Union fear that prosecutors and courts could still interpret these terms in ways that leave teachers vulnerable to criminal charges. They are advocating for a more comprehensive immunity, similar to traffic accident laws, that would limit prosecution unless clear intent or severe negligence is proven.

Some groups also suggest that the focus on legal immunity distracts from the broader goal of designing meaningful educational experiences. They argue that the debate has become overly centered on protecting teachers' rights rather than enhancing the learning opportunities for students. The ministry, however, maintains that the criteria for intentional and gross negligence are already well-established through legal precedents.

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Providing legal immunity solely to teachers, a specific profession, directly undermines constitutional values. Legal immunity is merely a ploy to evade the responsibility of structural improvement.