Feb 11 • 03:27 UTC 🇰🇷 Korea Hankyoreh (KR)

Only contracted teachers undergo drug tests annually... Human Rights Commission says it's discrimination against full-time teachers

The National Human Rights Commission of Korea has ruled that the policy requiring only contracted teachers to submit drug test results annually is discriminatory.

The National Human Rights Commission (NHRC) of Korea has determined that a policy by the Gangwon Provincial Office of Education, which mandates contracted teachers to submit drug test results upon contract renewal annually, constitutes discrimination based on employment type. This ruling arose from a complaint by a contracted teacher at school ㄱ in Gangwon Province, who argued that such drug testing—which is not required for full-time teachers—creates inequity despite their ongoing work at the same institution.

The Gangwon Provincial Office of Education defended its policy by asserting that contracting teachers are treated as new hires with each contract signing, necessitating a drug test each time. They claimed it is important to reconfirm any potential disqualifying factors, given that the validity of drug test results lasts for one year. However, the NHRC's Committee on the Elimination of Discrimination concluded that requiring repeated test results from contracted teachers, while not from their full-time counterparts, is an unreasonable discrimination based merely on formal employment status, which does not correlate with actual job duties or risks.

Furthermore, the NHRC emphasized that permanent teachers only need to undergo drug testing when first hired, and inconsistencies in such policies suggest a bias that may misinterpret the inherent risks associated with different teaching roles. This policy not only undermines the equal treatment of educators but also raises significant questions regarding labor rights and protections in South Korea’s education system, particularly affecting the contracted workforce.

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