Seeking Legal and Institutional Reforms to Protect Teachers' Rights

Seeking Legal and Institutional Reforms to Protect Teachers' Rights

In recent years, concerns have been mounting over the frequent occurrence of teacher rights violations and a serious decline in teachers' authority in schools. This has emerged as a critical educational issue as it can stifle teachers' educational activities, ultimately having a negative impact on students' right to learn and the quality of education. This report aims to investigate and systematically organize detailed information on legal and institutional improvement measures for protecting teachers' rights in schools, covering background, current status, specific methods, and practical proposals.

1. Analysis of the Background and Current Status of Teacher Rights Infringements

Diagnosing the Multifaceted Causes of Declining Teacher Authority

The once-respected status of teachers has significantly faded due to various types of complaints, malicious allegations, the over-reporting of child abuse, and the burden of student guidance. This shift in societal perception has created an environment where teachers struggle to concentrate fully on their educational activities, leading to a decline in the quality of education and a growing concern that it could deter talented individuals from entering the teaching profession.

While the proliferation of smartphones and the development of social media have diversified communication channels with parents, this has simultaneously led to an 'explosion of complaints' that continue regardless of time or place. Complaints are often filed over trivial matters unrelated to a teacher's educational duties, exacerbating teachers' workload and diminishing their focus on education.

Emphasis on Student Rights and Relative Weakening of Teacher Authority Protection

Since the 2010s, the importance of student rights has been emphasized, leading to the enactment of related ordinances and educational policies. While safeguarding student rights is essential, some argue that the heightened focus on student rights infringes upon teachers' legitimate authority to guide students and that student rights are unilaterally protected, while teachers' rights have been relatively weakened. For example, interpretations that an expanded freedom of hairstyle and dress or a ban on corporal punishment excessively emphasize students' rights have led to a weakening of the legal and institutional grounds for teachers to provide educational guidance to students.

Status of Teacher Rights Infringements and Current Legal Framework

According to the Ministry of Education's 'Teacher Status Survey,' 52.9% of teachers responsible for school violence reported experiencing verbal abuse, physical assault, or lawsuits from students or parents, indicating a consistently high rate of teacher rights infringement. Major types of infringement include abusive language and threats, malicious complaints, student assault and injury, defamation, and unsubstantiated child abuse allegations. In particular, malicious complaints from parents and child abuse allegations are among the greatest sources of psychological stress for teachers. Specific cases include parents reporting teachers for child abuse or posting malicious content on social media after legitimate guidance, or instances where teachers are accused of child abuse for intervening in disruptive behavior during class.

The current key legislation for protecting teachers' rights is the 'Act on the Improvement of Teachers' Status and Support for Educational Activities' (Teacher Status Act). While this law aims to protect teachers' legitimate educational activities and penalize infringements, its effectiveness has been questioned. The partial amendments to the 'Teacher Status Act' and the 'Elementary and Secondary Education Act' passed by the National Assembly on September 21, 2023, are considered significant progress in addressing these issues. Key amendments include specifying the scope of legitimate student guidance, improving the 'deemed child abuse offense clause' to prevent legitimate educational activities from being misconstrued or reported as child abuse, and strengthening the functions of the Teacher Rights Protection Committee.

2. Legal and Institutional Improvement Measures to Strengthen Teacher Rights Protection

Clarifying Legitimate Student Guidance Authority and Strengthening Legal Basis

It is urgent to clarify teachers' legitimate authority for student guidance and strengthen its legal basis. The scope of actions teachers can inevitably take in managing curriculum and guiding students must be concretely specified in law. This will enable teachers to perform their duties without fear of being reported for child abuse when providing proactive guidance to ensure students' healthy growth and right to learn. Furthermore, legal and institutional mechanisms are needed to adjust conflicts between student rights ordinances and teacher rights-related laws, finding a balance.

Specifying Infringement Acts and Strengthening Penalties

The legal definition of teacher rights infringement must be further specified to clearly define acts such as 'obstruction of legitimate educational activities,' 'insult/defamation,' and 'unjust complaints.' Additionally, educational and legal accountability for perpetrators of teacher rights infringements (students, parents, etc.) must be strengthened, and practical measures for preventing recurrence must be established. Beyond simple disciplinary actions, comprehensive measures such as mandatory completion of educational rehabilitation programs and facilitating damage claims should be considered.

Enhancing the Function and Redefining the Role of Teacher Rights Protection Committees

Efforts should be made to strengthen the functions of school-level Teacher Rights Protection Committees, which are the primary point of contact in the current chaotic school environment, and to increase the expertise and responsiveness of regional committees under educational support offices. A system must be established where schools can provide initial mediation and response when an incident is reported, and complex or serious cases are effectively transferred to specialized regional committees. It is crucial to ensure the independence and fairness of these committees and to strengthen the immediate psychological and legal counseling and support systems for affected teachers. The recent amendment to the 'Teacher Status Act,' which includes immediate investigation upon receiving an infringement report, enhanced expertise, and strengthened protective measures for victimized teachers, requires efforts to be effectively implemented in schools.

3. Establishing a Teacher Rights Protection Support System Centered on Schools

Preparing a Practical Support System

To ensure that victimized teachers do not have to face teacher rights infringement incidents alone, schools must establish proactive support systems. This includes 24-hour legal consultation, psychological counseling services, rapid connection to dedicated lawyers or legal advisory boards, and measures to reduce workload and protect victimized teachers. Centralizing a school-level response channel for malicious complaints and strengthening administrative support so teachers can focus on educational activities are also essential.

Concurrent Efforts in Prevention Education and Awareness Improvement

Alongside legal and institutional improvements, it is essential to foster a culture of mutual respect within the school community by strengthening education on human rights and respect for teachers' rights for students, parents, and staff. For school staff, training on responding to teacher rights infringements and legal education should be provided to enhance practical coping abilities. Furthermore, active roles from the media and academia are required to recognize teacher rights protection as a societal responsibility.

4. Social Consensus for Creating a Safe and Respected Educational Environment

A Societal Task for Future Education

Ultimately, an environment where teachers' rights are protected and teachers are respected in schools leads to the enhancement of students' right to learn and an improvement in educational quality. To achieve this, sincere discussion and social consensus on 'teacher rights protection' involving all members of society—including the government, National Assembly, education sector, parent groups, and civil society—are necessary. Through the development and consistent monitoring of effective legal and institutional improvement measures, positive changes for future education must be created.