[Report file] Sexual harassment of club teachers, after that… “The fixed-term system cannot be disciplined, so you can work even if you are fired.”

Last month, after the SBS report that a middle school club teacher A had uttered sexually harassing remarks to a female student B (there was no action taken by the inflicted teacher even after asking for help with "sexual harassment"), the Office of Education started an audit of Mr. A and the school. .

However, as a result, it became difficult to discipline A.

In the beginning, the fixed-term teacher was not subject to disciplinary action, and the school terminated the contract with Mr. A before the audit by the Office of Education, so Mr. A became a civilian, and is no longer subject to disciplinary action.

Until Ms. B comes forward and sues A and is labeled as a 'sex offender', Ms. A will not be subject to any special sanctions even if she works at another school in the future.

Under the current system, it is difficult to discipline fixed-term teachers, so if it becomes a problem, it is best to 'terminate the contract', but what happened?

On the 11th of last month, SBS reported…

It contains the content that Mr. A made sexually harassing comments to Mr. B during her club class, saying, "It's a spear X (a woman in prostitution), it's a crazy X."

Mr. A explained, "Ms. B gave her contraceptive device to her friend as a gift, and I was only disciplined to the effect that other people would see it as a bad thing."

The school said, "The seriousness of the incident was not recognized at the time."

After that, Miss B did not go to school because she would run into Mr. A, and the school violence committee was held 8 months after her outbreak, admitting that Mr. A's remarks were "words and actions beyond the scope of relevance."

Office of Education Support, 'Teacher's Remarks' · 'School Insolvency Investigation' Begins Inspection

After the report, the local Office of Education started a basic investigation into the school and Mr. A.

After the investigation was completed by the Student Support Center of the Office of Education Support, an audit was requested, and the audit was initiated by the Audit Office.

The Office of Education support is that it will investigate and take action against Mr. A's sexual harassment remarks and allegations of school insolvency.

"Temporary teachers are not subject to the disciplinary committee's deliberation"

The truth should be revealed and corresponding measures should be taken, but we ran into a wall in the system.

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First of all, fixed-term teachers are not subject to deliberation by the disciplinary committee.

According to Article 32 of the Educational Officials Act, fixed-term teachers are not subject to deliberation by the Disciplinary Committee or position cancellation, unlike regular teachers.

For this reason, it is difficult to discipline a fixed-term teacher, only the school can terminate the contract.

An official from the Ministry of Education explained, "As it is excluded from the law, at present, if a fixed-term teacher causes a problem, the contract is canceled mainly according to the authority of the principal."

The problem is that if you get fired, you won't be penalized for your status.

If you leave the school due to a problem, the school can check the reason for disqualification of the fixed-term teacher through the education administration information system, etc.

However, it is possible only if the problem has been raised and the process has been completed before the termination of the contract.

Like Mr. A, if a person is dismissed before the audit begins, there is no record left, so it is difficult for the employer to know later.

Dismissal before audit, Office of Education is also in trouble

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Mr. A, who was fired before the investigation.

The Office of Education is also in trouble.

An official from the Education Support Office said, "Mr. A has already been fired and has become a civilian, so the highest level has been decided."

If a fixed-term teacher causes problems, the contract termination is acting as a kind of dismissal or dismissal.

However, even after the incident, the middle school appointed Mr. A as the head of the Human Rights and Safety Department on the grounds that "they were not aware of the seriousness of the problem," and they continued their employment relationship for over a year after the incident.

If it had not been reported, Mr. A would have been working as a middle school teacher without dismissal or investigation.

Since the contract was terminated without a tag, there is a possibility that Mr. A's activities as a teacher will continue in the future.

Ministry of Education "There are many things to be improved to introduce fixed-term teacher disciplinary action"

The Ministry of Education says there is still room for improvement before introducing a fixed-term teacher disciplinary process.

An official from the Ministry of Education explained, "There is discussion about the disciplinary procedure for fixed-term teachers, but there are also points out that it is not suitable for the disciplinary committee procedure, which takes more than a month, as the current fixed-term teachers are hired for a short time."

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In the end, the best way to punish the crimes of fixed-term teachers is to file a complaint against the victim at this time.

In particular, in the case of sexual offenses, employment restrictions are imposed, so there may be problems with your identity when you get a job as a teacher in the future.

However, accusations can also be a burden to victims who are students, and there is a burden that the victim has to step forward once again.

In the case of Ms. B, she received psychological treatment every week, and the damage has not been recovered, and the complaint against Mr. A has not been carried out yet.

According to the Ministry of Education, as of last year, there were 61,994 fixed-term teachers in elementary, middle and high schools nationwide, accounting for 12.3% of the total number of teachers (50,859).

Regular teachers receive a disadvantage in their status even with disciplinary action, but fixed-term teachers are excluded from disciplinary action due to their short working period.

It is difficult to understand the size of the fixed-term teachers, such as Mr. A, as they are not recorded in the records.

It is necessary to try to improve whether it is okay for a fixed-term teacher who had a reason for disciplinary action to work at another school, and whether victims like Ms. B appear again at that school.