The Korea Herald

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Ministry seeks court injunction on student rights ordinance

By Lee Woo-young

Published : Jan. 26, 2012 - 19:55

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The Seoul Metropolitan Office of Education and the Education Ministry clashed over the controversial ordinance on students’ rights on Thursday as the ministry sought legal action to prevent its implementation.

As soon as the Seoul Metropolitan Government proclaimed the ordinance in the name of SMOE chief Kwak No-hyun on Thursday morning, the education ministry filed a suit with the Supreme Court.

“We will support schools to effectively implement the ordinance so that every student’s dignity and rights can be protected. We will especially try to protect students from school violence and bullying as mentioned in the ordinance,” said the SMOE.
A lawyer for the Education Ministry submits a suit to nullify the student rights ordinance at the Supreme Court in Seoul on Thursday. (Yonhap News) A lawyer for the Education Ministry submits a suit to nullify the student rights ordinance at the Supreme Court in Seoul on Thursday. (Yonhap News)

But the Education Ministry, which has long opposed the ordinance, has said it could trigger confusion in schools.

“The ordinance has some issues that haven’t reached social agreement such as the right not to be discriminated based on sexual orientation and some others that cause concern for parents and teachers,” said the ministry.

The ministry also asked the court to suspend its implementation until the final decision is made at the highest court.

“We are concerned that it can create confusion among teachers in their student guidance as well as hinder public interest.”

The ordinance on the protection of students’ rights in elementary and secondary schools has caused confrontation between the progressives and conservatives since last year.

The ordinance bans corporal punishment and discrimination against homosexuals and pregnant students, while allowing students to choose their hairstyle and clothing, hold an assembly on school grounds and boycott religion classes at religious schools.

It has been driven forward by progressive educational civic groups and spearheaded by the superintendent Kwak as part of his plan for liberal educational reforms.

It passed the council last December amid controversy when Kwak was detained on charges of bribery in the 2010 election for his post.

But the deputy superintendent, then acting chief, Lee Dae-young, sided with the Education Ministry and declined to proclaim the bill, asking the city council to deliberate it again while Kwak was still suspended from duties.

When Kwak returned to work last week after receiving fines for his charges, the first thing he did was to push for the implementation of the ordinance.

But it remains unclear whether the ordinance will be in effect in the upcoming spring semester since the ministry has filed to suspend its implementation.

The conflict between the local and central government is also expected to deepen as the ministry plans more legal action against Kwak.

By Lee Woo-young  (wylee@heraldcorp.com)