28-02-2025
Constitutional court dismisses petition against abolition of Myongji University Go dept.
South Korea's Constitutional Court dismissed a petition by students challenging Myongji University's decision to abolish its Baduk Studies (Go) Department, ruling that the change did not violate the principle of trust protection in college admissions.
On Dec. 23, the court unanimously ruled to reject the constitutional appeal filed by 18 students, who claimed that the Korean Council for University Education had wrongfully approved Myongji University's changes to its 2025 college admission plan without proper review.
The dispute arose when Myongji University, which operated the world's only Go Studies Department, decided to shut down the program and cease admissions for the 2025 academic year. This move led to a last-minute modification of the university's admission plan, which was approved by the KCUE in April 2023, less than a year before the scheduled entrance exam.
Under current regulations, South Korean universities are required to follow a pre-announcement system for college admissions, ensuring that policies are established well in advance to safeguard applicants' trust.
The petitioners argued that the KCUE's approval of Myongji University's plan violated this policy, infringing upon their rights as prospective students.
However, the Constitutional Court ruled that the KCUE's approval of the admission plan change is not subject to a constitutional petition. It determined that the KCUE's approval of Myongji University's plan was merely an intermediate administrative procedure, not an authoritative decision that could be challenged through a constitutional appeal. The Constitution restricts constitutional complaints to cases where fundamental rights have been violated by the exercise of public authority.
Moreover, the court emphasized that the KCUE lacks delegated or entrusted authority from the Ministry of Education to approve changes to admission plans. As a result, its actions do not constitute an exercise of government power subject to constitutional review.
Myongji University's Department of Baduk Studies will stop admitting new students starting in 2025. Founded in 1997, the department decided to close due to declining interest in Go, financial difficulties and the need for change in the university's academic structure.
