Appeals against administrative dispositions

Parents Reported for Infringing a Teacher's Educational Activities — Opinion Statement to the Teacher Rights Protection Committee and the Administrative Appeal Deadline

When a student's guardian is reported for an act against a teacher that counts as infringement of educational activities, the school principal notifies the regional Teacher Rights Protection Committee at the district office of education, and the committee deliberates on measures against the guardian. Under Article 26 of the Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities, there are two measures for guardians: a written apology with a pledge not to repeat the act, and completion of special education or psychological treatment. The committee must give the guardian an opportunity to state an opinion before requesting a measure. The superintendent of the district office of education takes the measure within 14 days of receiving the request, and a guardian who objects files an administrative appeal under the Administrative Appeals Act within 90 days of learning of the disposition.

Procedure

  1. 1. Check what was reported and the notice

    From the notice received from the school or the district office of education, check which act was reported as infringement of educational activities, the date of deliberation, and how and by when an opinion can be submitted. Article 19 of the Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities defines infringement to include criminal acts such as assault, intimidation, defamation and obstruction of business, as well as repeatedly filing complaints without a legitimate purpose and continuously forcing a teacher to do things that are not the teacher's legal duty. The issues to address in the opinion statement depend on which type the reported act was classified as.

  2. 2. Organize the facts and evidence

    Arrange in time order when, how often and by what means complaints were made, together with text messages, emails, call records and notes from meetings, and mark where the facts differ from the report. If what was discussed in meetings with the school is confirmed again by text or email, those records can be used as supporting evidence for the opinion statement.

  3. 3. Prepare and submit the guardian's opinion statement

    Because the committee must give the guardian an opportunity to state an opinion before requesting a measure (Article 26, Paragraph 3), submit a written opinion statement before the deliberation date. The statement sets out the background, the purpose of the act and the circumstances at the time, efforts to restore the relationship with the teacher, and a plan to prevent recurrence, together with verifiable evidence. Emotional protests or blanket denials without evidence do not help the committee assess the facts, so write it around dates and documents.

  4. 4. Committee deliberation and the measure

    The regional Teacher Rights Protection Committee may ask the superintendent of the district office of education to impose a written apology with a pledge not to repeat the act, or completion of special education or psychological treatment at an institution designated by the superintendent of education, and the superintendent takes the measure within 14 days of receiving the request. A guardian who fails without justifiable reason to complete the special education or psychological treatment is subject to a fine for negligence of up to 3,000,000 won (Article 35, Paragraph 1).

  5. 5. File an administrative appeal against the measure

    If you object to the measure, submit an administrative appeal petition to the respondent superintendent of the district office of education or to the administrative appeals commission within 90 days of learning of the disposition and within 180 days of the disposition. Because the superintendent of the district office is an agency under the superintendent of education, the administrative appeals commission under the city or provincial superintendent of education reviews the case. Filing an appeal does not by itself stop the measure, so file an application for suspension of execution together with it when needed.

Required documents

  • No prescribed submission form (the guardian's opinion statement has no form set by law, so it is written on the form provided by the district office of education or in free format)
  • Administrative appeal petition (Enforcement Rule of the Administrative Appeals Act, Form No. 30, when objecting to the measure)
  • Application for suspension of execution (Form No. 33 of the same Enforcement Rule, when needed)
  • Notice of opportunity to state an opinion from the regional Teacher Rights Protection Committee and the notice of the measure
  • Evidence of the facts (complaint text messages, emails, call records, meeting notes, etc.)
  • Evidence of the recurrence prevention plan and efforts to restore the relationship (letter of apology, records of counseling or education, etc., if applicable)
  • Letter of authorization (when the submission is handled on your behalf)

Fees

In the industry, fees range from several hundred thousand won to a few million won, depending on whether only the opinion statement is prepared or the administrative appeal petition and the application for suspension of execution are also prepared, and on the volume of factual evidence. We provide a quote after consultation. Government fees are separate.

Legal basis and review date

  • Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities, Article 18
  • Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities, Article 19
  • Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities, Article 26
  • Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities, Article 28
  • Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities, Article 35
  • Enforcement Decree of the Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities, Article 15
  • Enforcement Decree of the Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities, Article 24
  • Administrative Appeals Act, Article 6
  • Administrative Appeals Act, Article 23
  • Administrative Appeals Act, Article 27
  • Administrative Appeals Act, Article 28
  • Administrative Appeals Act, Article 30
  • Enforcement Rule of the Administrative Appeals Act, Form No. 30
  • Enforcement Rule of the Administrative Appeals Act, Form No. 33

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • Filing an administrative appeal does not stop the effect or execution of the measure (Administrative Appeals Act, Article 30, Paragraph 1). If the measure is due to be carried out soon, prepare the petition and the application for suspension of execution together.
  • Individual remarks made during the committee's deliberation and resolution fall within the scope of confidentiality under the law (Enforcement Decree of the same Act, Article 24), so their disclosure may be restricted later. Set out the full background in the opinion statement and evidence submitted before the deliberation.

Frequently asked questions

What measures can the Teacher Rights Protection Committee impose on a parent?
There are two. Article 26, Paragraph 2 of the Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities sets out a written apology with a pledge not to repeat the act, and completion of special education or psychological treatment at an institution designated by the superintendent of education. The regional committee asks the superintendent of the district office of education to impose the measure, and the superintendent does so within 14 days of receiving the request.
Should I submit an opinion statement before attending the committee?
It is not mandatory, but it is advisable. The committee must give the guardian an opportunity to state an opinion before requesting a measure (Article 26, Paragraph 3), and it is hard to convey the full background and evidence orally at the meeting. Submitting it in writing before the deliberation date keeps the background and evidence on record.
What happens if a parent does not complete the special education?
It is subject to a fine for negligence. A guardian who without justifiable reason does not complete the special education or take part in the psychological treatment under Article 26, Paragraph 2, Item 2 is fined up to 3,000,000 won, imposed and collected by the supervising authority (Article 35). If you object to the measure itself, consider filing an administrative appeal within the deadline rather than refusing to complete it.
What is the deadline to challenge a measure of the Teacher Rights Protection Committee?
Within 90 days of learning of the disposition. Article 27 of the Administrative Appeals Act also bars an appeal once 180 days have passed since the disposition, and the 90 days is a peremptory period that cannot be extended. The period is counted by when the petition is submitted to the respondent or to the administrative appeals commission (Article 23, Paragraph 4).
Does an administrative agent prepare the opinion statement and the administrative appeal petition?
Yes. Hwang Yunsang Administrative Office reviews the report and the facts, prepares the guardian's opinion statement and organizes the evidence, prepares the administrative appeal petition and the application for suspension of execution, and handles submission to the district office of education and the administrative appeals commission.

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.