The court found that the disciplinary action imposed on university professors who violated the service regulations and traveled abroad was justified.
The 5th administrative division of the Seoul Administrative Court (Chief Judge Kim Soon-yeol) dismissed all of the plaintiffs’ claims in a lawsuit filed by university professors A and B against the Teacher Appeals Review Committee to cancel the decision of the Teacher Appeals Review Committee.
The court did not accept the plaintiffs’ argument that “the school regulations that require professors to obtain permission and approval before going abroad for business trips violate the right to freedom of residence and movement or the pursuit of happiness.”
He continued, “Even during vacation, teachers’ duty to serve continues, and academic research, which is the professor’s original duties, as well as various academic administrative tasks and student guidance can be continued even during vacation,” he said. The justification of the purpose is recognized as it is intended to prevent any disruption to the company.”
It was also interpreted that this includes overseas travel for private purposes.
The court pointed out, “The process of applying for permission and approval for overseas travel by teachers does not mean prohibition of overseas travel, but only a minimal procedure performed to supervise teachers’ service.”
Plaintiffs A and B are professors working at a domestic university, which requires teachers to go through an application and permission process when traveling abroad, but they did not comply with this regulation.
From 2012 to 2019, during the investigation period, it was found that Mr. A had 33 undeclared overseas trips and 190 days in excess.
During the investigation period, 2012 to 2019, it was found that the number of unreported overseas trips was 6 times and the period exceeded 348 days. It was also revealed that he had been traveling.
When they received a one-month wage reduction in September and October of 2020, they requested an appeal review.
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