There is every reason to disapprove of providing public funds for schools subject to lingering doubts about whether they are properly operated.
At issue was a lawsuit in which the appropriateness of a central government decision to remove pro-Pyongyang Korean schools from the list of those covered by a high school tuition-free scheme. The Osaka High Court has ruled the decision to be legitimate, revoking a sentence handed down earlier by the Osaka District Court ordering the government to include such schools in the list of those covered by the program.
Similar lawsuits have been filed with a total of five district courts and district court branches. The latest ruling was the fifth of its kind to be given, and the first by a high court. The Osaka District Court was the only one that ruled the national government's decision to be illegal. It is safe to say that the judicial judgment that disapproves of tuition-free treatment for pro-Pyongyang Korean schools has become gradually established.
The tuition-free system was introduced under the Democratic Party of Japan-led government in 2010. In addition to public high schools, the central government also provides various schools with financial assistance for schooling. Schools for foreign students are included in the list if they are designated by the education, culture, sports, science and technology minister as eligible for the scheme. However, pro-Pyongyang Korean schools were excluded in 2013, after the Liberal Democratic Party returned to power.
This was because such schools are suspected of having close ties with North Korea and the General Association of Korean Residents in Japan (Chongryon), and there were concerns that schooling assistance for them may not be used to cover school fees.
Chongryon is said to serve as North Korea's de facto embassy. There is no ignoring the fact that the Public Security Intelligence Agency has kept Chongryon in the list of organizations subject to investigation and surveillance, suspecting that it is involved in unlawful activities in line with North Korea's intentions.
Schools must be transparent
The Basic Law of Education bans unjust control over education. During the series of lawsuits, the crucial point that divided judgments was how the relationship between Chongryon and these schools should be perceived.
These schools use textbooks put out by a publishing company under the umbrella of Chongryon. These textbooks contain content that glorifies North Korean leaders. The Osaka High Court attached importance to these facts, and concluded that there are doubts that these schools may be subjected to unjust control that distorts educational self-initiative.
In light of the purpose of the basic education law, the latest ruling is understandable. These schools insisted they were removed from the list "for political and diplomatic reasons unrelated to education," such as the abduction issue. However, the high court flatly rejected that assertion, stating that its ruling was "a result of consideration as to whether unjust control is involved."
In stating its judgment that these schools are being run at their own initiative, the Osaka District Court seems to have been lax in perceiving the reality of their management.
Under the School Education Law, these schools are treated as "schools in the miscellaneous category," similarly to preparatory schools. They correspond to Japanese kindergartens, elementary, junior high and high schools. As of May last year, there were 66 such schools, including the five temporarily closed.
Some local governments have continued to provide subsidies to these schools as expenses for such purposes as exchanges between them and local residents. However, one local government after another is said to be reconsidering their subsidies, citing these schools' relations with Chongryon as a reason.
To gain the understanding of their local communities, it is necessary for these schools to promote the transparency of their financial condition and conduct thorough information disclosure.
(From The Yomiuri Shimbun, Sept. 30, 2018)
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