The court ruled that it was illegal to cancel the designation of a self-imposed private high school (own accident) by the Seoul Metropolitan Office of Education. This is the second ruling that Haeundae High School in Busan won against the Busan Office of Education in December of last year, and won a legal dispute with the Superintendent of Education’Progress.’
Kim Jae-yoon (left), the principal of Sehwa High School and Gyo Jin-young, the principal of Baejae High School, are delighted after winning the lawsuit for cancellation of the designation of an autonomous private high school held at the Seoul Administrative Court in Seocho-gu, Seoul on the 18th. Newsis
On the 18th, the 14th administrative division of the Seoul Administrative Court (Deputy Judge Lee Sang-hoon) ruled over the plaintiff in a lawsuit for cancellation of the designation of a private high school by Ilju and Sehwa academies and Bae Jaehakdang, which are school corporations of Sehwa and Baejae High School, against the Seoul Superintendent Cho Hee-yeon. . The conclusion came about one year and six months after eight private high schools in Seoul filed administrative litigation in August 2019.
Law “Seoul Office of Education canceled private high school, abused discretionary power”
The court raised the hand of the school, saying, “It is discretionary deviation and abuse that retrospectively applied the evaluation criteria for self-accident redesignation.” The Ministry of Justice said, “There is no significant public interest need to abolish the system for redesignation of own high schools for Sehwa High School and Exemption Stocks or to operate the operating standards for own high schools in other forms.” “(Seoul Office of Education) Retrospective application during the evaluation period to conduct the evaluation and the school’s failure to achieve the designated purpose corresponds to a deviation or abuse of discretionI do,” he said.
He also stressed that changes in education policy should be made carefully. The Ministry of Justice said, “The changes to the education system implemented after sufficient review and opinion gathering can have a great impact on the trust of the general public in the national education policy as well as the majority of stakeholders. It must be done more carefully“Unlike the case of requesting cancellation of designation, It is a reason for cancellation of designation that is not related to the intention of the company’s own high school, so the aspect of infringing on profits is very large.It should also be considered.”
Private High School “Welcome” vs Progressive Education Organization “Condemned”
The company’s high school side evaluated the judgment positively. Immediately after the sentence was over, the principal of Baejae High School Ko Jin-young said, “I am happy to regain my status according to the final judgment. As a private high school, we will continue to provide the best education, including diversity education and excellence education.” Sehwa High School principal Kim Jae-yoon also said, “I thought cancellation of the designation evaluation was unfair because I worked hard in accordance with the education policy.
Members of the Seoul Council of Education Organizations are holding a press conference on the decision to cancel the re-designation of their own high school at the Seoul Administrative Court in Seocho-gu, Seoul on the 18th. Newsis
On the other hand, the Seoul Education Organizations Council, a coalition of 30 progressive Seoul civic education organizations, issued a condemnation statement right after the sentence. They said, “The purpose of the company’s establishment is’realization of various education’, and the court should have considered whether or not the private high schools that failed to be redesignated have been operated in accordance with the purpose of establishment.”If the curriculum is transformed into a uniform, entrance exam-oriented curriculum rather than a variety of education, and the social responsibility is not fulfilled, cancellation of re-designation is natural.“I did it,” he raised.
Earlier, in July of the same year, the Seoul Office of Education deprived of the status of eight of the 13 private high schools that were subject to operational performance evaluation (Paejae High School, Sehwa High School, Kyung Hee High School, Sungmun High School, Shinil High School, Lee University High School, Joongang High School, and Han University High School). The eight schools that disobeyed the decision of the Office of Education filed an administrative lawsuit requesting that the disposition be canceled in two places. Excluding the two schools that were sentenced on that day, the other six schools are also scheduled. On the 23rd of the following month, the first trial sentence of Sungmun High School and Shinil High School will be issued.
Seoul Office of Education “deep concern and regret”… Constitution, final conclusion of existence
The two schools that won the first trial will maintain their high school status for the time being. However, the legal dispute is expected to continue as the Seoul Office of Education announced its intention to appeal the court ruling, saying, “We express deep concern and regret.” More than anything In accordance with the’Resolution Plan for High School Ranking’ announced by the Ministry of Education in 2019, all private high schools, foreign language high schools, and international high schools must be converted to general high schools from March 2025. do.
Status of cancellation of designation of private high schools subject to evaluation in 2019. Graphic = Reporter Cha Junhong [email protected]
However, it is expected that the existence of the treasury will be finally decided by the Constitutional Court. May last year The company’s high school, foreign high school, and international high school requested a constitutional petition, claiming that the policy of the Ministry of Education, which amended the Enforcement Decree of the Elementary and Secondary Education Act, violates basic rights, etc. to abolish the school.did. Regarding this, Principal Ko Jin-young emphasized, “I do not doubt that the plan to abolish self-accidents will be withdrawn.”
Reporter Park Hyun-joo [email protected]