
Legal Q&A
Q
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My husband is a teacher, and a short while ago, after having drinks following work, he drove home himself and was caught in a crackdown. His blood alcohol concentration was 0.09%, which they said is at the level for license revocation. However, I have heard that a teacher's drunk driving is treated far more strictly than that of an ordinary company employee, so could being caught even just once like this make it impossible for him to stand at the teaching podium in the future? If a teacher is caught drunk driving, will he be dismissed immediately?
teacher drunk driving
Answer
Published:
Author : DongIl PARK
Unlike ordinary office workers, a teacher's drunk driving is evaluated together with the responsibility and ethics of a public official, so a stricter disciplinary standard applies.
Teachers at national and public schools hold a status subject to the Education Officials Act and the Enforcement Rule of the Public Officials Disciplinary Decree, and if drunk driving is discovered, heavy disciplinary action beyond a simple warning or salary reduction is often discussed.
Recently, education authorities have shown a stance of applying strict standards to drunk driving regardless of the blood alcohol concentration level, and if a level warranting license revocation is confirmed, there is a high likelihood that the disciplinary committee will judge it to be a serious act of misconduct.
Even for a first offense, depending on the circumstances of the drunk driving, the measured level, and the nature of the duties, there are not a few cases in which the disciplinary committee makes a strict judgment on the basis of the morality required of teachers and the duty to protect students.
Disciplinary action for a teacher's drunk driving may not stop at a restriction on work and may lead to a matter that can cause serious constraints on the performance of the teaching profession itself.
Accordingly, practical disadvantages, such as the calculation of retirement pay and pension and the possibility of future reappointment, may follow, and depending on the outcome of the disciplinary action, one may be placed in a situation in which returning to the classroom is realistically not easy.
In addition, in the internal disciplinary procedure of the office of education, which proceeds separately from the criminal punishment resulting from drunk driving, even if there is a letter of apology or grounds for extenuating circumstances, it is difficult to have a real effect on the level of discipline if objective materials and specific explanations are lacking.
Therefore, if your spouse has been caught for a teacher's drunk driving, rather than responding emotionally, it is above all important to systematically prepare explanatory materials and a statement of opinion from before the disciplinary procedure begins and to respond strategically with the assistance of a drunk driving attorney who has relevant experience.
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