The Commission expressed its opinion to the Minister of Education and Science
Technology on the Proposed Partial Amendment on Enforcement Decree of the
Elementary and Secondary Education Act: i) in the school policy reporting guideline
included a provision on ‘other teaching methods’, protection of education and research
activities within schools, and maintaining order in school’ in addition to reward and
punishment for students while these are considered too broad and ambiguous so that they
may lead to arbitrary interpretation and enforcement, thus it is reasonable to delete the
provision. A provision on ‘matters concerning protection of the rights of students’ should
be added; ii) although the bill stipulates formulation or revision of policies affecting
students must reflect opinion of students, the part which limits the requirement to a policy
on rewards and punishment must be deleted; iii) with regard to disciplinary actions, the
provision on ‘method of reprimand or discipline set forth by school policy’ should be
deleted and the one of ‘suspension of attendance for 10 days or less’ should be deleted or
supplemented with another provision ensuring the right to appeal the decision; iv) the
provision on indirect corporal punishment should be revised as ‘method of reprimand or
discipline that does not inflict physical suffering on students’; and v) the provision on due
responsibility of students should be deleted as it that may restrict the rights of students
under a rather abstract concept of ‘ethics of students’ or ‘breach of order in school'. (March
2, 2011)
7) Opinion on the Proposed Partial Amendments to the Criminal Code and the Propose
Partial Amendments to the Criminal Procedure Act
The Commission expressed its opinion to the Minister of Justice on the Proposed Partial
Amendments to the Criminal Code and the Proposed Partial Amendments Criminal
Procedure Act that physical detention of material witness applicable to the amended
Criminal Procedures Act and enforcing false statement charge on a witness applicable to the
amended Criminal Code may infringe the right to silence; allowing exemption from
indictment as plea bargaining applicable to the amended Criminal Procedures Act and plea
Chapter 1. Improvement of Laws, Regulations, Policies and Practices
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