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Discrimination against Substitute Teachers [2003] KRNHRC 32 (24 March 2003)

The complainant, a substitute teacher with a certificate of a regular teacher,
filed a petition, arguing that despite the fact that he/she was doing the same
work as a regular teacher, he/she received less compensation for vacations, the
annual vacation, and retirement allowance, and was held at a lower pay grade.
After investigation, the Commission found that if a substitute teacher used
vacations as opportunities to refresh and prepare for the next semester by such
means as researching teaching materials and preparing to teach students as
regular teachers do, that the substitute teacher effectively worked continually
through the vacations. Given that
(1) the respondent did not take the annual vacation prescribed in the regulation
of duties of public officers for non standard teachers during the complainant's
at the school, and that
(2) the respondent lowered the ceiling on pay grades for substitute teachers to grade 10
despite the fact that the complainant had a career record of a regular teacher,
the Commission recognized that the fact that respondent's paying the
complainant less for vacations, retirement allowance, and annual leave, and
imposing a ceiling on the complainant's pay grade constituted discriminatory
acts without reasonable grounds.

On March 24, the Commission recommended that the principal of
Middle School desist from all discriminatory acts against substitute teachers and
treatment of them less favorably than regular teachers in payment of
compensation during vacations, annual vacations, and retirement allowances, and
in setting pay grades. The Commission also recommended that the Minister of
Education & Human Resources Development and Commissioner of Seoul
Metropolitan Office of Education revise the applicable administrative rules and
regulations such as the Guidelines for Management of Substitute Teachers to
prevent future such discriminatory acts against substitute teachers. The
respondents accepted the recommendation by the Commission.