Feb 10 • 09:16 UTC 🇰🇷 Korea Hankyoreh (KR)

[Exclusive] Repeated Dismissals of Property Damage Claims by Dismissed Teachers from the Korean Teachers Union... Criticism for Relying on 'Bad Laws'

The court has consistently rejected the property damage claims of dismissed teachers from the Korean Teachers Union, leading to criticism that it fails to critically assess outdated laws regarding labor movements.

In a recent ruling, the Seoul Central District Court dismissed property damage claims filed by dismissed teachers from the Korean Teachers Union (Kor. 전교조), while acknowledging compensation for mental suffering. The judges referenced the National Civil Servant Act, which historically banned teachers from organizing labor movements. This decision has drawn sharp criticism from the teachers' representatives who argue that the court is perpetuating an antiquated legal framework that unjustly penalizes individuals involved in legitimate labor activities.

The background to this issue dates back to 1989 when the South Korean government categorized teachers' efforts to form labor unions as criminal activities, leading to widespread police action against activists. Many teachers were pressured, detained, and subjected to other forms of intimidation aimed at dismantling the union. The government’s use of various state institutions to suppress the Korean Teachers Union led to significant mental distress among its members and their families. The campaigns of oppression included illegal surveillance and coercion, which the Truth and Reconciliation Commission acknowledged in 2022 as blatant state-level transgressions against these educators' rights.

The ruling highlights a broader struggle over labor rights in South Korea, assessing how past injustices continue to impact current legal interpretations. While acknowledging damages for mental suffering, the court's dismissal of property claims raises important concerns about the legal system's ability to rectify historical wrongs effectively. The judges’ partial recognition of the government’s constitutional violations could reflect a growing awareness, yet the persistent reliance on outdated legal frameworks suggests significant hurdles for labor activists seeking justice in the present day.

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