Infringed Teachers' Rights
A woman teacher committed suicide at Seoi Elementary School in Seoul on July 18, highlighting the phenomenon of "infringement of teaching authority." After her suicide, it was revealed that the parents of one student in her class made her nervous and feel scared by continuously contacting her outside of school hours, barraging her with text messages, and making repeated school visits.
Recently, a case involving the infringement of teachers' rights was uncovered in connection with the death of a teacher that occurred two years ago. Cases involved in asking teachers to pay for their own mental health treatment or making teachers apologize to their children publicly were confirmed. In a recent Survey of 2023 South Gyeongsang Province, 43.8% of respondents said that they have experienced direct infringement of their teaching rights in the past three years, perpetrated by students, parents, and managers. Through this survey, it became clear that the infringement of teaching authority has been getting a more and more serious issue.
Cases of Infringement of Teachers' Rights Abroad
The decline in teachers' rights is not unique to Korea, as cases can also be observed abroad. In the United States, an incident occurred in January in which a teacher at an elementary school in Virginia suffered gunshot wounds while attempting to confiscate a student's firearm. According to a survey conducted by the American Psychological Association (APA) from July 2020 to June 2021, 14% of teachers reported experiencing physical violence from students, and 49% expressed a desire to quit or transfer schools, reflecting the problem of deteriorating teachers' rights in the US. Another survey conducted by Merrimack College showed that 44% of teachers have considered changing their profession.
Meanwhile in Japan, there have been publicized incidents of students assaulting teachers in classrooms, and as of 2021, there were a total of 5,897 cases of teachers taking medical leave due to mental illnesses. In response to the decline in teachers' rights and an increasing workload, the number of applicants for local primary and secondary school teaching positions has sharply decreased.
Actions of Teachers and the Government after the Seoi Elementary School Incident
On September 4, 49 days after the Seoi Elementary School incident, teachers designated it as Public Education Stop Day and held a rally. The rally participants called for identifying the cause of death of the teachers who committed suicide. They also called on the government to improve their policies regarding teachers’ rights and proposed eight policy demands.
The government later passed the Elementary and Secondary Education Act, the Early Childhood Education Act, the Teacher Status Act, and the Basic Education Act on the September 21, and the details are as follows:
-Firstly, legitimate guidance by educators isn’t considered as a child abuse.
-Secondly, a new category of educational activity infringement is introduced, targeting malicious complaints from parents, such as repeatedly raising unjustified grievances or persistently imposing non-legal obligations on educators.
-Thirdly, there is an obligation to cooperate and respect legitimate school activities, including prohibiting acts infringing on the rights of school staff or other students, showing respect and support for educators' legitimate guidance, and requiring active cooperation from guardians in student guidance.
-Fourthly, the solid protection of victims and measures for perpetrators will be strengthened. And the principal cannot reduce or conceal the infringement of educational activities, and disciplinary action will be possible if it is violated.
International Responses to Educational Authority Infringement
In the US, there is a system in which teachers focus on teaching roles, administrative tasks are handled by administrative teams, and students and parents are required to annually sign and submit manuals concerning their rights and responsibilities.
In Japan, educational guidelines protect teachers' rights, offer responses to child abuse, and restrict the exchange of contact between teachers and students. In addition, the government provides a team of school lawyers, counselors, and social workers to help solve school problems, easing the burden on teachers.
Reforming Educational Authority Infringement in Korea
Institutional reform and systemic change are needed to strengthen the authority of teachers and improve the current educational environment. Presently, the human rights of students are prioritized at the expense of teacher, and teachers are considered responsible for the problems that occur in their classes. The system for recognizing the legitimacy of teachers' guidance is unclear, making teachers feel anxious due to their lack of legal protection and their inability to offer student guidance. The Ministry of Education (MoE) created an "Educational Community Rights and Mandatory Ordinance" that outlines the rights and responsibilities of parents, students, and teachers, and announced a "comprehensive plan to restore and strengthen the protection of school rights" on 23 August to help reduce teachers’ school burdens by forming a civil complaint team. The Student Human Rights Ordinance, which only emphasizes student rights, will be reorganized. Some examples include:
-Until now, teachers have not been able to restrict the student use of cell phones in class due to the "freedom of private life" regulation of the "Student Human Rights Ordinance," but the new life guidance notice will change to allow the cell phone to be confiscated if a student does not listen after being warned more than twice.
-There are cases in which a principal hides incidents of teacher abuse for personal benefit, so the MoE will push for a revision of the Teacher Status Act that will require the superintendent of education to unconditionally discipline any offending principal.
Numerous measures have been proposed to solve the various problems brought to light following the recent teacher suicides, but there’re people question the ambiguity and effectiveness of the current policies and policy maintenance. Therefore, there is a need to continue to refine policy. In addition, members of society must change their perception of teachers, and fundamental societal changes are needed for this. After all, it takes everyone's efforts to achieve a balance between teachers and students.
