The Incheon District Court has issued a verdict differing from a recent ruling on the same issue, and as a result, attention is focusing on the High Court’s decision

The members of Incheon branch of the Korean Teachers and Educational Workers’ Union (KTU, Jeon Gyo Jo) received a guilty verdict for issuing emergency statements. This decision was handed down following the Jeonju District Court’s not-guilty verdict on the same issue, thus attention is focusing on the High Court’s decision that will emerge in an appeal.

Kwon Seong-su, the judge of Incheon District Court issued Lim Byung-gu, head of the Incheon branch of KTU, a fine of 1 million Won Thursday. Kwon also deferred the sentences received by Kim Yong-woo, chief of KTU’s policy-making department and Lee Sung-hee, director of KTU’s Incheon branch, who were each ordered to pay 500 thousand Won respectively.

In his verdict, Justice Kwon stated, “If teachers issue a collective political opinion, it could significantly affect elementary, middle school and high school students.” Kwon continued, “Thus, teachers should issue their political opinions more discreetly.” He added, “The emergency statements violated the law governing government employees, which bans collective action.”

The judge also said, “Although freedom of expression is an important basic right, demanding the reform of a governmental policy can be categorized as issuing a political opinion.”

After receiving the verdict, Lim said, “It is in fact a not-guilty verdict, although the fine and deferred sentences are formally considered to be guilty verdicts.” Lim also said that he plans to appeal and continue to fight the verdict through the courts. Lim was charged by Incheon Metropolitan Office of Education in regards to allegations that he led KTU members in the emergency statements issued in June of 2009.

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