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Seoul Administrative Court Accepts Application to Suspend Execution of Proposal to Abolish Student Human Rights Ordinance

The Seoul Administrative Court cited the request for a temporary injunction to suspend execution, saying, “The urgent need to suspend the effect of the injunction is demonstrated.” The submission to the plenary session on the 22nd failed… Looks like it will be postponed for a while

The court accepted an application to suspend execution of the proposal to abolish the Seoul Student Human Rights Ordinance filed by the Seoul branch of the Korean Teachers and Education Workers Union (KTU).

As there is a growing possibility that the introduction of the abolition bill will be postponed until the results of the main lawsuit are announced, organizations such as the Korean Teachers and Education Workers Union issued comments and expressed their welcome.

According to the legal and educational circles on the 18th, the 3rd Administrative Division of the Seoul Administrative Court (Chief Judge Su-jin Choi) requested that the litigation representatives of the ‘Seoul Student Human Rights Protection Joint Task Force’ (Committee Committee) ask the Seoul City Council to “confirm the acceptance of the ordinance and the invalidity of the proposed disposition.” The application for suspension of execution of the lawsuit filed was cited.

Suspension of execution is a decision to temporarily suspend the effect of a disposition if it is recognized that there is a risk of damage that is difficult to recover due to a disposition by an administrative agency. The court ordered the ruling on the main case to be suspended until 30 days from the date of pronouncement.

The court said, “It is clear that there is a risk of irreparable damage to the applicants, and that there is an urgent need to suspend the effect of each disposition to prevent such damage,” but added, “Suspension of effect will have a significant impact on public welfare.” “It does not seem clear that there are concerns,” he said, explaining the reason for the decision.

Previously, last March, Seoul City Council Chairman Kim Hyun-ki proposed a bill to abolish the Seoul Student Human Rights Ordinance, and accepted the bill a month later. Accordingly, the Engineering Committee formed a panel of nine members representing students, teachers, and guardians, the subjects of the Seoul Student Human Rights Ordinance, and filed a lawsuit against the Seoul City Council to confirm the invalidity of the acceptance and proposal.

Separate from the lawsuit, the Seoul City Council originally planned to submit and pass the bill to abolish the Seoul Student Human Rights Ordinance at the plenary session on the 22nd after deliberation by the Education Committee on the 19th.

However, as the court temporarily suspended the effect of the acceptance and proposal of the Seoul Student Human Rights Ordinance abolition, there is a high possibility that the presentation and vote at the plenary session will be postponed until the results of the main lawsuit are announced.

On this day, the Engineering Committee said, “It is very fortunate that the effect of the acceptance and proposal for the abolition of the Seoul Student Human Rights Ordinance was temporarily suspended,” adding, “At least the court recognizes the importance of this issue and requires time for deep social reflection.” “It has been confirmed,” he said. At the same time, he urged the Seoul City Council to stop trying to abolish the Student Human Rights Ordinance and scrap the abolition bill.

The main purpose of the Student Human Rights Ordinance is to guarantee the dignity, value, freedom, and rights of students so that their human rights, such as the right not to be discriminated against, the right to be free from violence, freedom of privacy, and freedom of assembly, are realized in the school curriculum. . It has been enacted in each region, including Gyeonggi, Gwangju, Seoul, and Jeonbuk.

However, as controversy arose over the fact that it is being abused as a means of violating teaching rights following the death of a teacher at Seoi Elementary School this year, there is a growing movement in some city and provincial councils to abolish the student human rights ordinance.

The South Chungcheong Provincial Council passed the ‘Chungnam Student Human Rights Ordinance Abolition Ordinance’ for the first time in the country at the 4th plenary session of the 348th regular session on the 15th.

[서울·세종=뉴시스]

2023-12-18 11:26:00
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