On January 13, the Seoul Metropolitan Office of Education (Superintendent Jeong Geun-sik) announced a statement urging revision of the Elementary and Secondary Education Act Enforcement Decree, which the Ministry of Education announced in advance, citing concerns that it could weaken the authority to supervise and manage private high schools. This is a countermeasure to the deletion of the provision related to the cancellation of the designation of autonomous private high schools.
The Seoul Metropolitan Office of Education pointed out that the Ministry of Education’s attempt to remove the provision on cancellation of the designation of private high schools as a convenient measure that weakens the Office of Education’s management and supervision authority. The Office of Education had already given up on appealing to the Supreme Court after the second trial ruling on the 2024 Whimoon High School designation cancellation lawsuit, and subsequently requested revision of the Elementary and Secondary Education Act and its enforcement ordinance to establish a clear legal basis. However, the Ministry of Education is concerned that the Office of Education’s authority may be reduced because it is attempting to remove only the enforcement ordinance provision without revising the upper law.
[Korean Today] Seoul Metropolitan Office of Education urges guarantee of authority to manage and supervise private high schools… Request for revision of laws © Reporter Lee Ji-yoon
In addition, it was claimed that the revised enforcement ordinance ignores the court’s judgment on the limits of delegated legislation and attempts to make a formal change by using the expression “termination of designation” instead of “cancellation of designation.” The Seoul Metropolitan Office of Education emphasized that a legal basis is necessary to guarantee the public nature and accountability of private high schools, and that the curriculum operation and transparent accounting management must be carried out in line with the founding principles of private high schools.
The Seoul Metropolitan Office of Education urged the Ministry of Education to clearly stipulate provisions on the operation of private high schools in the Elementary and Secondary Education Act and to guarantee the Office of Education’s management and supervision authority through revision of the enforcement decree.
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