National Human Rights Commission of Korea Annual Report 2021
allow those who don’t take the class to get a degree by school regulations. It was found that no
alternative classes were offered. Also, the college application guidelines did not specify that chapel
course was mandatory and that it was a prerequisite for students to graduate from the school.
The college claimed that the chapel course was designed to foster among non-Christian students
the Christian knowledge and intelligence that the society demands, and that there was no intention
to spread the religion. However, the Commission concluded that the class could be seen as a
religious class the purpose of which is to spread the Christian faith, given that its structure is no
different from that of regular church service—featuring sermon, prayer, praise, and reading of the
Bible.
While acknowledging that private faith-based colleges have broad right to realize its founding
religious principle through its curriculum based on the free exercise of religion and school
autonomy, the Commission saw that any religious education the purpose of which is to spread a
religion requires student consent, and that the college infringed upon students’ freedom of religion
by forcing them to take the chapel course without obtaining their individual consent.
It also concluded that it would be desirable for the faith-based college to acknowledge students’
right to refuse a class or offer alternative courses so that students can be guaranteed their freedom
of religion and right to education.
■ Exclusion of migrant children from COVID-19 emergency disaster
payment benefits
On May 24, the Commission recommended the Minister of Health and Welfare to not treat
preschool children of foreign nationality differently from school-aged children of foreign
nationality when developing children policies (20-jinjeong-0685301 and 40 others combined).
Considering the exacerbated caregiver burden faced by parents as a result of COVID-19, the
government provided special childcare fund payments for daycare and elementary school-aged
children in September 2020, but did not make children of foreign nationality eligible.
The Ministry of Health and Welfare clarified that eligibility and amount of the fund is a matter
of National Assembly decision and that, for this fund, the eligibility for general social welfare
payments stipulated in the Children Benefit Act and other associated statutes was applied—
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