Exam Bonuses Ruled Unconstitutional

The Constitutional Court ruled yesterday that three laws, including the “Treatment and Support for Men of Honor Act” that give individuals a 10 percent score boost on the Level Seven and Level Nine local public service employee employment exams are unconstitutional.

The court had previously ruled in 2001 that the articles do not violate the Constitution.

A full Constitutional Court bench, headed by Justice Kim Hyo-jong, reviewed a constitutional petition brought forward by 4,300 middle and high school teacher employment exam takers, and Level Seven and Level Nine local public service employee employment exam takers and ruled that the legislation was unconstitutional by a 7-2 decision.

Article 31, Clause 1 and Clause 2 of the “Treatment for Men of Honor Act,” and Article 22 Clause 1 and Clause 2 of the “Treatment of May 18 Men of Honor in Act” that correspond to the “Treatment of Men of Merit in Independence Act” were the other articles proclaimed unconstitutional. The ruling said that the articles are effective only through August 30, 2007, and if the National Assembly does not amend the articles, they will no longer be in effect starting July 1, 2007.

In another ruling, a Constitutional Court bench headed by Justice Jeon Hyo-suk ruled unanimously that the “Instructors Rights Act” is unconstitutional as well. The legislation forbids private school teachers from administrative litigation measures against private schools that didn’t accept the Ministry of Education appeal commission’s decision ordering them to re-employ teachers.

Article 10, Clause 3 of the “Instructors Rights Act” allows teachers to institute administrative legislation in objection to the Appeal Commission for Teacher’s decision to do so. In other words, if teachers of a private school object to their schools’ refusals to re-employ them, they can appeal under the legislation. This legislation ensures teachers are protected in case a school board abuses its right to oversee school personnel management.

Tae-Hoon Lee jefflee@donga.com