Disciplinary Action Against a University Faculty Member — Fully Revoked by the Teachers' Appeal Commission

Overview

Our client is a faculty member at a university in Korea. The school imposed a disciplinary action on the client for allegedly engaging in unauthorized for-profit activity and holding a concurrent position, based solely on the outward appearance of an association with an outside organization. The client, however, had never entered into any contract with that organization and had never received any compensation from it.

The Issue

The central issue was whether the mere appearance of an association with an outside organization can constitute a violation of the prohibition on for-profit activities and concurrent offices under Article 64 of the State Public Officials Act, which applies to private school faculty through Article 55 of the Private School Act.

Our Representation

The client first filed an appeal with the Teachers' Appeal Commission on their own, and then retained our office to strengthen the legal arguments. Representing the client, we reframed the case around the legal requirements for a concurrent-office violation and the burden of proof, proved with objective materials created before the disciplinary action that the client had never performed any work for the organization and had never received any form of compensation, and argued that the school had failed to meet its burden of proving the alleged misconduct.

The Decision

Following an in-person hearing, the Commission fully revoked the disciplinary action. The Commission held that a violation of the concurrent-office prohibition requires proof that the faculty member actually and continuously performed work for the outside organization, and that the mere appearance of an association is not sufficient. Under the relevant statute, the Commission's decision is binding on the school, which must take remedial measures in accordance with it.

Why This Case Matters

This case shows that a disciplinary action built on outward appearances alone can be overturned by proving, with objective evidence, that no actual work was performed and no compensation was received. Because the early response often determines the outcome of a disciplinary proceeding, we recommend seeking legal counsel as soon as a disciplinary notice is received. For foreign faculty members who are unfamiliar with Korean service regulations and disciplinary procedures, our office handles the entire process in English, from drafting the written defense to representation at the hearing.

If you are facing a faculty disciplinary matter, a teachers' appeal, or any service-related dispute, please feel free to contact us.

Jaewon Lee, Attorney at Law Joye Law Office | www.lawyerseoul.com