"From Monthly Salaries to Holiday Bonuses and Severance Pay: The Reality of 'Early Reinstatement' Impacting Contract Teachers"

Contracts Can Be Terminated Early When Regular Teachers Return
Few Cases Suspected of Temporary Reinstatement for Pay or Allowance
The Root Issue Lies in the Structure Allowing Mid-Term Termination of Contract Teacher Employment

Controversy over so-called 'sneaky reinstatement' has once again come under scrutiny in schools. It is claimed that when a regular teacher on leave returns early ahead of school vacations or holidays, the contract teacher who had been filling in for the position loses their job before their contract ends.

Controversy surrounding so-called 'sneaky reinstatement' continues unabated in schools. It is claimed that regular teachers on leave return early before vacations or holidays, causing contract teachers who had been filling in to lose their jobs before their contracts end. The photo is unrelated to the specific content of the article. Photo by Dongju Yoon

On September 10, Yonhap News conducted a fact check on 'sneaky reinstatement,' where regular teachers on leave return early before school breaks or holidays to receive salaries or allowances, resulting in contract teachers not being able to complete their contract term. There has long been talk that regular teachers on leave use the tactic of temporarily reinstating only during periods with lower workloads, such as vacations, leading to damages for contract teachers. Schools pay seniority bonuses in January and July each year and holiday allowances around January to February, and it is alleged that some teachers on leave return early just to receive these payments. Contract teacher groups argue that this leads to damages for the contract teachers occupying those positions.

This is because not only do contract teachers fail to receive the anticipated allowances, but they also lose their jobs before their contracts officially expire. In fact, under the guidelines for contract-based teachers set by the educational authorities, contract teachers hired as substitutes for those on leave have their contracts terminated if the regular teacher returns to work, even if there is time left on the contract.

However, education authorities have tightened regulations, encouraging teachers to take leave in academic unit blocks after past issues with returning solely for allowances or vacation pay were highlighted. Among current teachers, there is a growing sentiment that, "While this happened in the past, it is now rarely seen." Nonetheless, the fact remains that every year, there are still around 100 cases of early reinstatement during school vacations.

296 Teachers Returned Early During School Vacations in the Past Two Years Starting 2023... 'Disappearance of Leave Reason' Most Common Cause

Teacher changes are also a burden for students. When the teacher in charge suddenly changes during the semester, the continuity of classes is disrupted, and the relationship formed between students and teachers can be broken. The photo is not related to the specific content of the article. Photo by Dongju Yoon

According to data submitted by the office of Kim Moonsoo, a member of the National Assembly's Education Committee, from the Ministry of Education regarding 'early reinstatement of teachers during school vacation periods,' a total of 296 teachers returned to work earlier than initially planned during the vacation months of December, January, and July from January 2023 to March 2025. Broken down by year, there were 98 such cases in 2023, 128 in 2024, and 70 teachers returned early between January and March 2025 alone. The Ministry of Education states, however, that not all cases should be regarded as 'sneaky reinstatement.'

Examining the reasons for early reinstatement, the most common was 'reason for leave no longer exists,' which accounted for 129 cases, followed by reinstatement to take maternity leave with 84 cases, change in type of leave with 58 cases, and other personal reasons with 25 cases. 'Reason for leave no longer exists' covers instances such as teachers who succeeded in becoming pregnant while on infertility leave, when a spouse's overseas assignment ends, or when the family member requiring care passes away or recovers from illness—essentially, the original reason for leave no longer applies. Under the National Public Service Act, if the reason for leave disappears, reinstatement is mandatory, making these cases unavoidable in practice.

Baikin Kyu, a teacher at Seoul Gadong Elementary School, is teaching Korean language to students on the 18th using an educational program he developed himself utilizing artificial intelligence (AI). Photo by Dongju Yoon

Reinstatement to use maternity leave or to change the type of leave also commonly occur due to administrative reasons. In many such cases, teachers take another leave such as maternity leave immediately after returning, meaning that the contract teacher's work is unaffected. In terms of early reinstatement that could actually impact contract teachers—those due to 'other personal reasons'—there were 7 cases in 2023, 13 in 2024, and 5 between January and March 2025. Especially noteworthy is so-called 'temporary reinstatement during vacation,' where teachers return during the break and then go back on leave at the start of the new semester; this accounted for 6 cases in 2023, 12 in 2024, and 3 for January to March 2025.

The Ministry of Education maintains that it cannot readily label such cases as 'sneaky reinstatement' with the sole purpose of receiving allowances or pay without verifying each individual's circumstances. Regardless of the reasons for regular teachers' early return, the process can create job insecurity for contract teachers. According to the current contract-based teacher operation guidelines, contract teachers hired as replacements for those on leave can have their contracts terminated even with time remaining if the original teacher returns to work. In these circumstances, contract teachers may miss out on expected vacation pay and holiday bonuses. In addition, if their employment period does not reach a full year, they become ineligible for severance pay and it may affect their salary step increases.

Nearly 80,000 Contract Teachers Amid Declining Student Population

Organizations representing contract teachers argue that singling out 'sneaky reinstatement' during vacation periods misses the larger issue. According to the Korea Teachers and Education Workers Union's Committee for Contract Teachers, the number of contract teachers in Seoul and Gyeonggi whose contracts were terminated due to early reinstatement by regular teachers was 61 in 2024 and is expected to be 71 in 2025. These organizations assert that the right of regular teachers to return to work according to their circumstances, and the right of contract teachers to have their promised contract period honored, should both be protected independently.

After a 2020 recommendation from the Anti-Corruption and Civil Rights Commission, a rule was put in place requiring at least 30 days' notice or payment of over 30 days' regular wages to contract teachers in the case of contract termination, but in actual schools, concerns about job insecurity persist. There are also reports that some schools set contract periods for contract teachers to end just before vacations from the very start of recruitment.

Teacher changes are also a burden for students. When the teacher in charge suddenly changes during the semester, the continuity of classes is disrupted, and the relationship formed between students and teachers can be broken. The photo is not related to the specific content of the article. Photo by Dongju Yoon

Teacher changes are also a burden for students. When the teacher in charge changes suddenly in the middle of the semester, the continuity of lessons is disrupted, and the relationships built up between students and teachers can be broken. The growing number of contract teachers is exacerbating the problem. With a decreasing student population and rising teacher leave rates, there are now reportedly about 80,000 contract teachers nationwide.

The Ministry of Education maintains that both the reinstatement rights of regular teachers and the job security of contract teachers must be considered at the same time. A Ministry of Education official stated, "To fully ensure the job security of contract teachers, regular teachers would not be allowed to return early, which presents its own challenges," and emphasized, "We are striving to find a balance between regular and contract teachers within the current legal framework."

This content was produced with the assistance of AI translation services.