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The court ruled that even if the child passed the naming test by receiving additional points thanks to parents who have national merit, it is justifiable to cancel the pass if the national merit status is found to be false.
The 13th Administrative Department of the Seoul Administrative Court (Judge Nak-won Jang) announced on the 22nd that a former kindergarten teacher, Mr. A, decided to lose the plaintiff in a lawsuit filed against the Seoul Superintendent of Education, “Revoke the provision to cancel the admission of a teacher.”
According to the court, Mr. A, who received additional points for national merit and passed the public kindergarten teacher appointment test in 2007, was notified of the cancellation of appointment by the Seoul Metropolitan Bureau of Education in August last year. This is because it was belatedly revealed that Mr. B, Mr. A’s father, who was registered as a national merit in the 2006 Vietnam War, did not actually participate in the war.
The Veterans Affairs Authority learned that the veteran’s history was unclear, such as the date of his return to Vietnam during a physical examination at the national merit court in 2017. Consequently, the Seoul Regional Veterans Administration canceled Mr. B’s registration as a national merit in 2018, and the Seoul Bureau of Education canceled the admission of Mr. A, who was appointed after receiving an additional point for merit.
Mr. A, who filed the lawsuit, said in court: “It is against the principle of personal responsibility to cancel the appointment of Mr. A on the basis of the cancellation of his father’s registration as a national merit.” He also said that because Mr. B applied for registration as a national merit in accordance with the guidance of veteran authorities in the past, the responsibility for the situation rests with the veteran authorities who neglected the examination.
However, the judge said: “The fact that the plaintiff was appointed a public kindergarten teacher was due to the benefits of his father’s registration as a national merit. As a result of the expiration of benefits, Mr. A was only able to pass the test with the grades he took. The fact that the acceptance and appointment of the defendant were canceled because he could not do so is a consequence of the results of the plaintiff’s test without employment support benefits, which is the result of the principle of own responsibility ”.
In the process of registering the first national merit of Mr. B, it can be considered that the veterans authorities did not clearly identify whether he participated in the war, but it was also judged that the veterans authorities could not be entirely responsible for the cancellation of Mr. .
The Justice Ministry said: “When the relevant laws and ordinances receive the decision to register a person of national merit, the corresponding compensation and support will expire retroactively.”
