▲ Hyun Joo-yeop
A court has ruled that the education office's disciplinary action against broadcaster Hyun Joo-yeop, who left his workplace without authorization while serving as the basketball coach of Whimoon High School, is legitimate.
However, the court canceled sanctions imposed on Whimoon High School's athletic department, such as restrictions on student transfers, citing violations of the principle of proportionality.
The 2nd Administrative Division of the Seoul Administrative Court (Presiding Judge Gong Hyun-jin) ruled partially in favor of the plaintiff on the 17th in a lawsuit filed by Whimoon Academy, the school foundation of Whimoon High School, against the Superintendent of the Seoul Metropolitan Office of Education to cancel audit result disposition demands and other measures.
This case was triggered in early 2024 when a parent of a student at Whimoon High School submitted a petition alleging that Hyun neglected his coaching duties due to broadcasting activities, such as filming mukbang (eating show) content.
The education office initiated an audit of Whimoon High School and notified the school in July of that year of audit results demanding disciplinary actions, including a pay cut for Hyun, suspension for the principal, and reprimands for the vice principal, teachers, and the head of the administrative office.
At the time, the education office pointed out not only Hyun's departure from his workplace, but also the school and its officials' improper execution of coach labor costs, negligence in player management, and improper handling of contract procedures.
On this day, the court found that the grounds for disciplinary action against Hyun were recognized.
The court stated that Hyun neglected his primary duties as an athletic team leader by leaving his workplace without prior approval on 18 occasions under the pretext of broadcasting shoots, despite the requirement to use tardiness, early leave, leaving early, or annual leave when engaging in concurrent activities.
In addition, the court acknowledged that Whimoon High School violated relevant laws by employing a substitute to perform the coach's role during Hyun's broadcasting activities between November 2023 and February 2024 without proper recruitment procedures and compensation.
However, the court determined that the administrative and financial sanctions imposed on Whimoon High School for these reasons violated the principle of proportionality.
At the time, the education office notified Whimoon High School's athletic department of sanctions including a one-year restriction on the transfer of sports special-admission students, restrictions on winter and summer training camps exceeding ten days, and exclusion from special winter and summer training grant support for one year.
The court explained that it took into consideration several factors: blocking the transfer of new students for a year would significantly lower the competitiveness of the athletic team, which in turn affects currently enrolled students; and training camps permitted only within the restricted period would be insufficient to achieve training outcomes.
The court stated, "Imposing multiple disciplinary measures all at once that could seriously disrupt the operation of the athletic team inflicts private losses on the school, students, and parents that outweigh the public interest achieved thereby."
In October 2024, the Seoul Administrative Court partially accepted and partially dismissed Whimoon Academy's application for a stay of execution.
At that time, the court also maintained the effect of the disciplinary action against former coach Hyun while suspending only the effects of the measures against Whimoon High School, such as transfer restrictions and exclusion from special training grant support.
(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.
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