Two claimants filed a lawsuit in 2009 against Ewha Law School for announcing a partial qualification and the MOE for approving of the admission qualification.
They claimed that Ewha Law School’s exclusive acceptance violates the rights of equality, education and occupation. They further claimed that male students compete to be admitted into the total student capacity of 1,900 whereas a female into 2,000 as Ewha Law School admits 100 female students. They added that the measures to ensure female equality are no longer needed since the current female passing rate of law exams approximates nearly 40 percent.
Upon the case, the verdict reached a consensus that Ewha Law School’s selective admission is constitutional for it does not violate equality.
The court reasoned that the claimants have a wide range of school selection as there are 24 law schools in the nation. Since the claimants are not at great disadvantage by the reduction of only one law school out of multiple schools, it ruled for the MOE’s decision.
In response to the claimants’ argument, the court stated that Ewha has not exercised illegal authority upon students since the relationship between the school and students is viewed as one of contract by jurisdiction.
According to the court, student selection is the private school’s autonomous decision. Thus, Ewha has the freedom to maintain its identity as a women’s education institution and implement policies upon its beliefs.
The MOE has approved 15 universities, including Ewha, in areas near Seoul and 10 in four representative rural areas to include law schools in 2008.
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