"Exam papers bought with money will no longer work"...Amendment to the Private Education Act to eradicate illegal practices in the private tutoring market

[Financial News] As controversy grows over the trading of exam questions between star private tutors and incumbent schoolteachers, the Ministry of Education is preparing sanction rules to prevent a recurrence.
On the 20th, the Ministry of Education announced, "To eradicate illegal activities in the private education market, we will push to amend the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (Private Education Act) to establish grounds for punishment and sanctions against illegal acts committed by private academy instructors and operators."
The ministry added, "We will closely review what level of sanctions or punishment is appropriate when private academy instructors or operators commit illegal acts," and stated, "We will draw up an amendment to the Private Education Act as quickly as possible and have it introduced within this year."
The amendment to the Private Education Act is intended to ensure that, if a ruling is handed down that question trading is illegal, those involved and the private academies can be properly punished or sanctioned.
Under the current Private Education Act, when a private academy engages in illegal acts such as exaggerated or false advertising while recruiting students, the superintendent of education may impose administrative dispositions such as suspension of business, and in various cases including failure to register or report properly, the superintendent may even order closure. The act also contains provisions for fines and penalty surcharges for violations.
However, because it does not contain provisions specifically addressing the trading of exam questions, critics have long argued that a legal basis for sanctions is needed.
Presidential Chief of Staff Kang Hoon-sik said at a senior secretaries' meeting he chaired the previous day at Cheong Wa Dae (the Blue House), "Recently, a series of cases of illegal trading and leakage of exam questions across the education field have fundamentally undermined the fairness of the college admissions system and gravely shattered public trust," stressing that "the starting point for a fair Republic of Korea is managing the admissions system with zero tolerance for foul play."
He went on to say, "The education authorities must engage in sincere reflection and offer an apology for the sense of futility and powerlessness students must have felt."
At the end of last month, prosecutors indicted 46 people, including officials at private education companies and current and former schoolteachers, on charges of illicitly trading questions related to the College Scholastic Ability Test (CSAT).
In particular, the impact was significant when star instructors Woojin Hyun and Jo Jung-sik, who are widely known as "top star tutors," were indicted without detention on charges including violations of the Improper Solicitation and Graft Act.
Investigators found that between 2020 and 2023, Hyun transferred a total of about 420 million won to three incumbent teachers in return for receiving math questions.
Jo was found to have paid more than 83 million won to incumbent teachers from January 2021 to October 2022 in return for receiving English questions.
Both of them, however, deny the charges.
After news of his indictment broke, Hyun stated, "It is being reported as if I traded CSAT questions, but that is not true," adding, "The question contests were only one of various channels for sourcing questions, including external companies, and I never paid any premium simply because someone was a teacher."
Jo also said in June last year, "I do not believe I have done anything wrong, either morally or legally," and added, "Although I cannot reveal everything yet, I have done nothing that would make me ashamed before those who know me."
moon@fnnews.com Moon Young-jin Reporter