Kim Jae-yoon (left), Sehwa High School principal and Ko Jin-young, Bae Jae-go, are delighted to leave the court after receiving a ruling that the disposition of the Seoul Metropolitan Office of Education, which canceled the designation of an autonomous criminal private high school (own accident) at the Seoul Administrative Court on the 18th, is illegal. News 1
A court judged that it was illegal to cancel the designation of an autonomous private high school by the Seoul Metropolitan Office of Education. Immediately before the redesignation evaluation of the company’s high school in 2019, the evaluation criteria suddenly changed significantly, and the fact that the evaluation criteria were applied retroactively to the past without properly notifying them is considered to be’abuse of discretion.
On the 18th, the 14th administrative department of the Seoul Administrative Court (Director Sang-Hoon Lee) ruled over the plaintiff in a lawsuit filed by Bae Jae-go and Sehwa High School’s school corporation against the Seoul Superintendent, saying, “Please cancel the cancellation of the designation of the accident.” As a result, the two high schools are able to maintain their own high school status as long as the results are not overturned in the upper court. In December of last year, Haeundae High School in Busan filed the same lawsuit against the Busan Office of Education and won.
The most problematic part of the court was the’time of application’ of the changed evaluation criteria. In the ‘2019 Evaluation Plan’, the Seoul Metropolitan Office of Education made major changes to the evaluation standards, such as newly establishing and changing the Office of Education discretionary indicators, and announced the new standard to its own high school at the end of November 2018. However, the Seoul Metropolitan Office of Education applied the new standard not from the time of the change, but to the operational performance from March 2015 to February 2020.
The court pointed out that “in case of changing important requirements for cancellation of designation or newly establishing or changing major evaluation indicators, the contents must have been notified.” The idea is that it is unfair to be evaluated even in the past with indicators that have changed suddenly. He added, “There is no significant public interest need to be recognized as it can have an unexpected and invasive effect by retroactively applying the new evaluation criteria to schools that have trusted and operated the existing evaluation criteria.”
The fact that the private high school system once had incentives and recommended aspects according to the national education policy was also reflected as an important factor in the judgment of the court. After addressing this, the judge said, “The private interest (high school operation) formed on the basis of trust in the state’s education system is highly recognized for its protective value.” In addition, if side effects such as being pointed out as the cause of’high school deterioration’ are revealed, it is necessary to induce changes by revising and designing the evaluation criteria in the administrative area, and the suddenly changed evaluation criteria must be improved by’retroactive application’. I explained that it was not.
This lawsuit stems from the fact that the Seoul Metropolitan Office of Education deprived the company of its high school status in July 2019 because the score of the redesignation evaluation score of eight private high schools in Seoul, including two schools, did not meet the standard. The Seoul Metropolitan Office of Education said that it plans to appeal after reviewing the judgment, saying, “We express deep concern and regret” after the sentence. On the other hand, the Seoul Jasa High School Principals Association expressed its welcome, saying, “We are very pleased with the rulings for the restoration of the status of Bae Jae High School and Sehwa High School.”
Choi Na-sil reporter [email protected]
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