hankyoreh

Professor at Korea National University of Education answers questions from reporters at Seoul Central District Court located in Seoul’s Seocho district

The Seoul Central District Court has reached a decision to suspend publication and distribution of Kumsung Publishing’s high school textbook “A Modern and Contemporary History of Korea,” which was altered without the writers’ permission. The decision is seen as a warning against measures taken by the Ministry of Education, Science and Technology, under the justification of “correction a leftist textbook,” that ignore copyright and violate academic freedom.

In a suit brought forward by Korea National University of Education Professor Kim Han-jong and four other writers of “A Modern and Contemporary History of Korea” against the publishing house and Korea Authorized Textbook for copyright violation, Seoul Central District Court ordered a stop to the publication, sale and distribution of the altered textbooks and the payment of 4 million won to each of the writers as compensation.

In addressing the publishing house’s claim that the Elementary and Middle School Education Law allows the Minister of Education, Science and Technology to order a publisher or writer to alter a textbook, the court said that while this law could be used to order a suspension of publication if an alteration order is violated, it cannot be used to limit the right to the integrity of the work by the publisher. Addressing claims that the writers had decided to faithfully carry out the minister’s directives, the court ruled that this could not be viewed as an implicit agreement to limit their right to the integrity of their work. A writer’s right to the integrity of the work means the content or format of a particular work cannot be fundamentally altered without permission from the writer.

The court also ordered the payment of settlement money, saying the writers had experienced psychological pain as a result of the publishing company’s violation of their right to the integrity of their work.

The Ministry of Education, Science and Technology, however, said it would continue to use the altered textbook until a Supreme Court ruling on the matter, indicating that it would not accept the court’s decision and instead would appeal it through the publishing company. The ministry had initially planned to use the textbook only until 2011. From 2012 it will use a new history textbook that includes Korean history, world history and modern history in accordance with a seventh round of educational reform.

In November of last year, Kumsung Publishing made around 30 alterations to “A Modern and Contemporary History of Korea” textbook in accordance with repeated orders from the Ministry of Education, Science and Technology and in spite objections by the writers. The altered textbook incorporated demands by so-called New Right groups and the Ministry of Defense which included, for example, deleting a sentence that states that North Korea, like South Korea, also went through the process of establishing its own government.

In January, the writers filed an injunction against the alterations with Seoul Central District Court, but the court ruled that as long as the writers had agreed to faithfully carry out the ministry’s directives, they would be obligated to do as directed. The writers are proceeding with an administrative suit to cancel the ministry’s correction order, while Lawyers for a Democratic Society is proceeding with an appeal to make the alteration order public.

Please direct questions or comments to [englishhani@hani.co.kr]