Research Report
A study on legislative improvement measures to protect teachers educational activities
Ⅰ. Backgrounds and Purposes
□ Recently, cases of infringement on teachers' educational activities by students and parents at schools have been increasing continuously. In addition, teachers are increasingly exposed to being reported for child abuse while carrying out legitimate educational activities, such as offering life guidance, responding to school violence, and preventing child abuse. These problems are emerging as social issues.
□ Violation of teaching rights can lead to problems like teachers' reduced educational activities, avoidance of guidance on students' daily lives, and decreased interest in students. As a result, this may undermine students' right to education.
□ On February 3, 2016, the National Assembly amended the “Special Act on the Improvement of Teachers’ Status” to the “Special Act On The Improvement Of Teachers’ Status And The Protection Of Their Educational Activities”. In doing so, the act legislated a system for the protection of affected teachers. On April 16, 2019, the National Assembly amended this special law to specify further teacher protection measures, including establishing a Teachers' Authority Protection Committees, preventive education, legal and psychological counseling for affected teachers, and special leave.
□ However, the revised law does not include an exemption clause for teachers who carry out legitimate educational activities, nor does it have relevant provisions to reflect educational experts' opinions when handling child abuse cases involving teachers. Thus, it still has limitations in protecting and redressing teachers' rights against new violations of educational activities, such as reporting unfair child abuse.
□ On July 18, 2023, an elementary school teacher in Seoul took her own life due to this problem. This incident made the limitations of the current law more visible and brought about a severe shift in social awareness. Eventually, the teaching community began to urge the government to prepare measures, and several related legislative bills were proposed to the National Assembly.
□ As a result of an in-depth review of the relevant legislation, on September 15, 2023, the National Assembly passed a revision to four acts on protecting teachers' rights. The core of each act is as follows. First, a teacher's legitimate guidance on student life does not constitute a violation of the prohibition of child abuse under the Child Welfare Act (Elementary and Secondary Education Act). Second, parents and guardians have an obligation to respect and cooperate with the school's educational and guidance activities (Framework Act on Education). Third, the basis for teachers' right to guide children's lives is defined (Early Childhood Education Act). Lastly, a teacher reported for a crime of child abuse shall not be dismissed from his or her position without justifiable cause.
Additionally, when an inquiry or investigation into the matter is in progress, the Superintendent of Education must submit an opinion (Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities).
□ The four acts on protecting teachers' rights, Teachers' Authority Protection Committees including the Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities, were revised on September 27, 2023, and are scheduled to come into effect on March 28, 2024.
□ On August 22, 2023, to address this problem, the Ministry of Education declared 2023 as the first year of restoration of teaching rights, announcing the Comprehensive Plan to Restore and Strengthen Protection of Teaching Rights.
□ The National Assembly's legislative supplementation and the Ministry of Education's announcement of a comprehensive plan raise expectations that protection measures for teachers' educational activities will be further strengthened. However, these measures show several shortcomings, as their review was completed in just a short period of time. Hence, legislative research is required to prepare additional improvement measures.
□ Accordingly, this study reviews the concepts, types, and cases of violations against teachers' educational activities and analyzes the current status and limitations of the legal system related to protecting those activities under the Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities (revised on September 27, 2023). Based on the results, this study aims to suggest legislative improvement measures to protect teachers from unfair infringement by comparing and analyzing major foreign legislative cases related to the protection of teachers' educational activities.
Ⅱ. Major Content
□ Chapter 2 examines the concepts, types, and actual cases of infringement on teachers' educational activities.
□ Chapter 3 analyzes the current status and limitations of the legal system related to the protection of teachers' educational activities.
□ Chapter 4 provides a comparative analysis of legislative cases related to protecting teachers' educational activities in major foreign countries, such as the United States and Japan.
□ Chapter 5 presents legislative improvement measures to protect teachers' educational activities.
□ This study, which was carried out according to the proposal of the Ministry of Education, included a joint expert discussion and advisory meeting with the National Assembly Education Committee (Rep. KWON EUNHEE's office) to gather advice from governments, universities, and research institutes related to teachers’ system policy and legislation, as well as to collect opinions from stakeholders. Based on this data, the study improved qualitative completeness and field adaptability and sought to share and spread research experiences and results.
Ⅲ. Expected Effects
□ This study is expected to contribute to establishing a legal theoretical foundation for protecting teachers' educational activities, guaranteeing teachers' right to teach, and improving the educational environment.
□ This study is expected to be used as legislative data to prepare amendments, such as the Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities.