Teachers in South Korea won't be punished for field trip accidents unless grossly negligent

South Korea is significantly expanding legal protections for teachers organizing school field trips, aiming to reverse a trend of declining participation due to fear of liability. Under new government measures announced on May 28, teachers will be shielded from civil and criminal responsibility for accidents occurring during excursions, provided their actions were not intentional or grossly negligent.

This policy shift follows President Yoon Suk Yeol's directive a month prior to address the reluctance among educators to lead field trips. The Ministry of Education's "Field Trip Support Plan" centralizes this protection by proposing legislative amendments to exempt teachers from liability unless they demonstrably violated safety guidelines in a severe manner. This aims to prevent lawsuits based on a lack of prior preventative measures, as current guidelines often focus on post-accident responses.

The initiative responds to concerns voiced by teacher unions, who have argued that excessive responsibility placed on educators discourages them from organizing essential learning experiences. A tragic incident in Sokcho in 2022, where a homeroom teacher was convicted after a student's death during a field trip, intensified this fear. Despite a revised law last November offering some protection, participation rates remained low, with only 62.24% of elementary, middle, and high schools nationwide holding such trips in the past year, excluding one province.

To further support teachers, the government will enhance legal aid, with education offices establishing dedicated teams to assist with accident response and provide legal counsel from the outset of an incident. The scope of the teacher protection mutual aid program will also be expanded to cover legal costs and compensation. Administrative burdens will be eased by assigning dedicated staff in education support offices to handle tasks like contracts and safety checks, freeing teachers to focus on educational activities. Additionally, the ministry plans to simplify field trip manuals and promote integrated "package" services from private operators that include safety management.

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The legal framework needs to be prepared, the education office support system needs to be established, and teachers' anxieties must be resolved.