The National Human Rights Commission of Korea (NHRC) concluded that collecting mobile phones when students arrive at school and prohibiting their use during class time does not infringe upon students' freedom of action and freedom of communication. This marks a change in the 2014 decision that viewed the school's collection of mobile phones as a violation of human rights, reversing that stance after ten years.
On the 28th, the NHRC distributed a decision document containing these details. Earlier, the NHRC plenary committee made this decision in October of last year and has been drafting the decision document for the past six months.
The NHRC stated in the decision document, "It has been over ten years since the 2014 decision declared the school's collection of mobile phones a violation of human rights," and added, "During this time, various issues related to students' use of mobile phones, such as cyberbullying and exposure to sexual exploitative materials, have arisen. Therefore, we cannot definitively conclude that the school's collection of mobile phones directly infringes upon students' rights, and it is necessary to change the NHRC's existing decisions."
This decision originated from a complaint filed in March 2023 by a high school student in Jeonnam, arguing that the school's policy of collecting students' mobile phones and prohibiting their use amounts to a violation of human rights.
The NHRC explained that the school's regulations also include measures to alleviate restrictions on students' fundamental rights. The NHRC noted, "The regulations state that mobile phones and other devices will be collected and managed when students arrive at school, but students are afforded maximum use of their electronic devices during breaks and lunch periods, outside of class time. It also stipulates that with the approval of homeroom teachers or in cases of need due to college entrance, family circumstances, or other situations, students may use their devices."
The NHRC added, "(This school) revised its school rules through the school operation committee and collected phones accordingly; therefore, community members should not hastily conclude that establishing rules for the manifestation of students' personalities, realization of human rights, and protection of academic rights constitutes a violation of students' rights."
According to the NHRC, this school conducted a survey for revising its school rules from October 4 to 14, 2022. The results showed that 'partial restrictions (partial allowance)' received the most support, with 52.3% of students, 80% of parents, and 69.0% of staff in favor. In contrast, only 43.7% of students supported 'full allowance,' which was lower than those who favored 'partial restrictions.'
The NHRC also referenced policies restricting students' mobile phone use implemented in major countries. The British government announced national guidelines banning mobile phone use in schools in February of last year, and France enacted a law in 2018 prohibiting students under 15 from bringing mobile phones to school. New Zealand will ban mobile phone use in all primary, middle, and high schools during breaks and lunch periods from the 2024 school year.
In this plenary decision, 8 out of 10 members dismissed the complaint, while 2 members issued a dissenting opinion stating that the school should not restrict students' mobile phone use. The two NHRC members who expressed dissent noted, "It is hugely contradictory for the government to ban mobile phones in schools while simultaneously leading the full introduction of artificial intelligence (AI) digital textbooks."