Recommendation to Ensure Human Rights of Students at School
The National Human Rights Commission of Korea (NHRCK) issued recommendations regarding the following two cases for the protection of the human rights of students at school:
Late in March 2007, a high school student distributed on the campus of her school PR leaflets for a discussion session on the human rights of students to be held by an outside human rights group. She was disciplined by the school for handing out leaflets as such was not permitted by the school. The school had her write a statement and initiated disciplinary action by ordering her to participate in a meeting of the student guidance committee. In response, she filed a complaint with the NHRCK to the effect that the school had violated her right to expression.
The NHRCK recommended the principal of the high school take measures to prevent recurrence of such a violation by, for example, devising reasonable standards on the permissible scope of expression regarding materials produced or distributed by students in order to guarantee as much freedom of expression to students as possible on campus.
The Commission noted that the leaflet the complainant had distributed was mainly PR for said discussion session held by an outside organization encouraging students to take part in it, and was, therefore, not likely to violate the rights of others, disturb public order, or undermine societal ethics. Despite the innocuous content of the leaflet, the school initiated disciplinary action against the complainant only because she had distributed a leaflet not previously approved by the school. Disciplinary action was especially unreasonable in light of the fact that the school had in place no clear rules or guidelines on the distribution of a leaflet or on how to discipline a student who distributed one. Considering all these factors, the NHRCK judged the act of the school to constitute a violation of Article 21 of the Constitution of the Republic of Korea; it was a suppression of the complainant's freedom of expression.
Another case involves a teacher's extreme corporal punishment of a student. The complainant alleged, "In August 2006, a high school teacher (Surname: Kim; male; aged 39; respondent) was watching students to spot violations of school rules regarding hair styles. At that time, a student (Surname: Kim; male; victim) did not follow the teacher's instructions. The teacher called the student in front of all other students in class, hit him on the head with the attendance record book, had him kneel down throughout the class, and then took him to the alley next to the teachers' office and slapped his face four or five times. This was a violation of the student's human rights." The complaint was filed by Ms. Sim (aged 42, parent) in September of the same year.
The NHRCK deemed that the respondent's corporal punishment of the victim (slapping his face, etc.) was a violation of the law as the punishment was not in compliance with standard guidance methods for students set down in the Elementary and Secondary Education Act and other applicable laws.
The Commission issued a warning to the teacher and recommended he attend special human rights training.
