The National Human Rights Commission of Korea concluded that prohibiting college students residing in dormitory from going out or sleeping our when they do not pass certain standards of the TOEIC test is a violation of the right to pursue happiness and right to privacy guaranteed under Article 10 and 17 of the Constitution, respectively.
The Commission concluded that even though the prohibition was to improve student’s score, it excessively restricted victims right to self-determination and right to privacy as most of them were not able to meet their family or friends for a period of 5 weeks and recommended to the respondent, who is a head of the dormitory and professor to find a human rights friendly alternative
Complainant A, a freshman of 00 Special National University filed a complaint twice to the Commission. He claimed that the respondent said he would prohibit go-out and sleep-out of student whose TOEIC score is below 550 points, and many students who failed to pass the standard were not able to go out for 5 weeks, which is a infringement of privacy.
Respondent argued that such prohibition was to encourage students to receive high TOEIC score since student cannot graduate if they fail to pass certain standard, which is 650 points. He added that after such prohibition, the number of students with below 550 decreased from 52 to 27.
However, the Commission concluded that even though freedom of learning under Article 22.1 of the Constitution includes autonomy of college and Article 31.4 also acknowledges autonomy of college, it should not restrict fundamental rights pursuant to Article 37.2 of the Constitution and such restriction should be minimum.
In addition, the Commission concluded that there was no standardized rule or reasonable process including discussion with students, and the behavior of respondent excessively restricted student’s right to self-determination and privacy even though the action has educational purpose of improving student’s TOEIC score.
