Chapter 7 Appeals and Remedies
A teacher who considers that some measure taken by an educational institution or by the competent authority that the teacher has personally been subject to is illegal or inappropriate, and that it constitutes a violation of their rights and interests, may lodge an appeal, and a further appeal, with a teacher grievance review committee at each level.
A teacher who considers that their rights and interests have been damaged as a result of an educational institution or the competent authority not taking action within the statutory period to handle an application submitted by that teacher may also lodge an appeal; if the ordinances do not stipulate a period, the period shall be deemed to be two months from the date that the educational institution or the competent authority accepted the application.
An appeal shall be lodged in writing within thirty days from the day after the day that the person receives notification or is informed about the measure; any further appeal shall be lodged within thirty days from the day after the day that a written appeal review decision is issued.
The standard period referred to in the preceding paragraph shall be the date that a teacher grievance review committee accepts a written appeal or written further appeal.
The members of each teacher grievance review committee shall comprise teachers, impartial upright members of society, scholars and experts, representatives of local teacher organizations, and representatives of the competent authority or educational institution that set up the teacher grievance review committee; the number of teachers on the committee who do not hold a part-time administrative post is not permitted to be less than two-thirds of the full committee.
In municipalities and counties (cities), the teachers’ organization representatives referred to in the preceding paragraph shall be recommended by the teacher organizations in their respective municipality, or county (city). In junior colleges and institutions of higher education, the teachers’ organization representatives shall be recommended by the teachers’ organization of each educational institution. If an educational institution does not have a teachers’ organization, the teachers’ organization representatives shall be recommended by another educational institution at an equivalent education level, or by a municipal or county (city) teachers’ organization. The teachers’ organization representatives on a central level teacher grievance review committee shall be recommended by a national teachers’ organization.
The regulations governing the composition, recusal, review procedures and methods, of teacher grievance review committees, and other matters related to such committees shall be prescribed by the central competent authority; the directions to be used by military and police schools and reformatory schools may be prescribed by their respective competent authorities.
If the composition of any teacher grievance review committee at any level is inconsistent with the provisions of Paragraph 1 and Paragraph 2, that teacher grievance review committee shall complete a revision of its composition within one year from the date that the May 10, 2019 amendments took effect.
Teachers’ appeal procedures are divided into appeals and further appeals, each at two levels, as follows:
1. For teachers at junior colleges and institutions of higher education: appeals are divided into institution level appeals, and central level 2 appeals.
2. For teachers at senior secondary or lower level schools: appeals are divided into municipal, county (city), and central level appeals. However, all appeals for schools under the jurisdiction of the central competent authority are central level 1 appeals, and an appeal lodged by such a school is deemed a further appeal.
A teacher who is dissatisfied with the result of any appeal may lodge a further appeal. If the educational institution or the competent authority is dissatisfied with the result of an appeal, it too may lodge a further appeal.
After lodging an appeal or further appeal in accordance with this Act, a teacher is not permitted to also lodge an administrative appeal in accordance with Administrative Appeal Act; if an administrative appeal is lodged before the conclusion of an appeal or further appeal procedure, within ten days the agency that accepted lodgment of that administrative appeal shall transfer the case to the teacher grievance review committee with jurisdiction and shall notify the teacher concerned. If an administrative appeal is lodged at the same time it shall be handled in the same way.
If a teacher lodges an administrative appeal in accordance with the Administrative Appeal Act and then lodges an appeal in accordance with this Act, the teacher grievance review committee that accepted the appeal shall halt its review until that teacher has retracted the administrative appeal or the administrative appeal has been determined and then continue its review. If the original measure was an administrative disciplinary measure, the committee shall make a decision not to proceed with the appeal.
Any cases still pending before the May 10, 2019 amendments to this Act take effect shall subsequently be finalized using procedures in accordance with the provisions of this Act after the amendments took effect.
If any original measure was by nature an administrative action, any further appeal decision shall be regarded as equivalent to an administrative appeal decision; if the appellant is dissatisfied with a further appeal decision, the person may initiate administrative proceedings in accordance with the law.
After discussion and appraisal and the handing down of a final determination regarding a case, that determination is binding on each agency and the educational institution concerned; the educational institution or competent authority that took the original measure shall handle the matter in accordance with the final determination and the competent authority shall duly oversee the determination is indeed implemented.
If an educational institution fails to handle a matter in accordance with the provisions of the preceding paragraph, the competent authority may investigate where the responsibility lies in accordance with pertinent laws and regulations and use this as the basis for partial or full reductions or the cancellation of incentives, or subsidies to the educational institution, or other measures.
Appeal decisions made by municipal, county (city), and central teacher grievance review committees shall be proactively be made public. If, however, other laws stipulate otherwise, the matter shall be handled in accordance with their provisions.
The making public of appeal decisions referred to in the preceding paragraph shall not include any natural person’s personal details, except for the full name of the individual and shall not include their ID number, passport number, or any other information sufficient to identify the individual.