The National Human Rights Commission of Korea (NHRCK) issued a recommendation to the superintendent of education affairs of Gangwon Province to reprimand a football coach and school principal who had forced players to transfer to a different school and to establish and initiate measures in order to prevent the recurrence of similar cases.
Petitioner A, father of one of the students who was forced to change schools, filed a petition to the Commission on July 10, 2008, stating that “the newly appointed football coach of K High School forced the players to transfer when the team lost in a match that involved proceeds in June, 2008 to a competition.”
The school claimed that it did not force all players to transfer schools, but due to lack of commitment among players, had asked those who were confident to compete with the incoming students and those who were committed to play in the team to remain and asked only those who were not confident enough to compete against the new students to look for new schools and to leave.
The Commission’s investigations revealed that the coach ran a football team of 24 students (16 students from schools in Gangwon Province and other cities and districts and 8 freshmen) from November, 2007 to June, 2008. After the fixed regional match in June 2008, the coach talked about the transfer to the players and their parents and closed down the team’s training facility on July 15, 2008. It was also confirmed that 14 players transferred to different schools in the Gangwon Province and other cities and districts and two students stopped playing football. Eight parents of the students who ended up transferring to different schools stated that at the time when the coach closed down the training facility, he forced their children to transfer citing lack of talent. Some of the parents requested that the students be allowed to remain in the team but was turned down.
Article 12 of the Principles of Education Act states that “a student’s fundamental human rights must be observed and protected throughout the course of school education and that his or her character and individuality are to be respected so as to maximize his or her capabilities.”
The Commission concluded that the coach by temporarily closing down the training facility and citing lack of football skills had compelled the students to transfer despite no imputing reason and clear desire of students to continue playing for the team and attend K High School. It was decided that this goes against having respect for the learner’s character and individuality as mentioned in Article 12 of the Principles of Education Act and violates the right to happiness and the right to self-determination provided under Article 10 of the Constitution.
The Commission, therefore, recommended the superintendent of educational affairs of Gangwon Province as the supervising authority of the school in question, that (a) the coach and the principal of the school who has supervisory control of the coach be reprimanded and that (b) preventive measures be established and implemented to avoid the recurrence of similar cases.
