A middle school student tried to run for the student council president election, but could not register as a candidate due to not receiving a teacher's recommendation. The National Human Rights Commission deemed this election regulation a violation of the 'Elementary and Secondary Education Act.'
According to the Human Rights Commission on the 19th, a student named B from A Middle School attempted to register as a candidate for the student council president for the 2025 school year, which was held in December of last year. A Middle School required students who wished to run for student council president to submit a recommendation letter from their homeroom teacher or the head of their grade.
B's homeroom teacher and the head of the grade did not write a recommendation letter. Unable to run in the election, B filed a complaint with the Human Rights Commission, claiming that the regulation requiring a teacher's recommendation for candidacy is unfair.
According to A Middle School, this election regulation was established in relation to the amendment of school rules implemented in July 2023, which aimed not to restrict candidacy qualifications based on grades or disciplinary records. It was created to prevent students with misconduct from registering as candidates. After the regulation was implemented, there have been cases where students who were disciplined received recommendation letters and registered as candidates for the student council president election.
B has received two disciplinary actions at A Middle School. They were punished for accessing illegal harmful information sites via an electronic board and for using a laptop for non-educational purposes, resulting in a 6-hour community service penalty in 2023. Additionally, in 2024, B faced a 5-hour community service penalty for being tardy, leaving early, and being absent without valid reasons more than 10 times.
In this regard, the Human Rights Commission stated that A Middle School's current 'School Life Guidance Regulations' do not specifically restrict candidate registration qualifications and that B's candidate registration cannot be limited due to the lack of a teacher's recommendation.
The requirement to submit a teacher's recommendation for candidacy essentially allows teachers to grant permission for the candidacy. The Commission also noted that this contradicts Article 17 of the 'Elementary and Secondary Education Act', which requires teachers to encourage and protect students' autonomous activities, and deemed it illegal.
The Human Rights Commission concluded that A Middle School violated the right to pursue happiness under Article 10 of the Constitution by restricting B's candidacy for the student council president and recommended that A Middle School take measures to prevent recurrence.