The Future of the Sogang University Presidential Elections

A wall poster highlighting controversies surrounding Luke Sim Jong-hyeok, S.J., who was the sole candidate in the university's presidential election, was recently displayed on the campus bulletin board. The first poster accused President Sim of improperly appointing a chair professor, while the second alleged reckless litigation by the university. This is not the first time his presidency has been mired in controversy, as concerns about the election process arose even before he assumed office. In response, The Sogang Herald is committed to investigating and uncovering the truth behind the allegations involving President Luke Sim Jong-hyeok, S.J.

Controversial Wall Posters

On Oct. 2, 2024, the first wall poster appeared on the university bulletin board, accusing President Luke Sim Jong-hyeok, S.J., of illegal solicitation. The poster alleged that President Sim received a ₩1 billion development fund donation from Sung Ki-hak, chairman of Youngone Corporation, and appointed Chairman Sung’s brother-in-law as a chair professor. It claimed the donation was made arbitrarily, bypassing official procedures such as board approval. Addressing these allegations during the Public Presentation of Statements on Nov. 5, President Sim stated, “We established a fund for chair professors and hired a qualified chair professor, following the due process and regulations publicly.” He also noted that the police are investigating the matter and emphasized his full cooperation with the inquiry.

  A second poster was posted on Oct. 24, 2024, highlighting that the university had filed a total of eight lawsuits against the National Labor Relations Commission, which serves as the defendant. Of these eight lawsuits, five so far have been losses. Meanwhile, the Faculty Union has called for the immediate withdrawal of all ongoing lawsuits and has requested a detailed disclosure of the litigation costs incurred to date.

Historical Controversies in the Presidential Election Process

This is not the first time issues have arisen during the process of President Sim running for and being elected to the office of president. In previous presidential elections, controversies emerged surrounding interference from the Jesuit order and allegations of misappropriated development funds. During the election, Kim Yong-soo, the Jesuit Provincial, sent an email to Jesuit priests and university staff urging them to support Rev. Sim as a presidential candidate. Jesuit priests serve on both the Candidate Recommendation Committee and the Board of Directors, so the request was criticized for seeming to go beyond a simple expression of preference, as Jesuit priests are expected to follow the Provincial’s direction. At that time, Rev. Lee Jong-jin, a former Jesuit priest and one of the presidential candidates, voluntarily withdrew from the Jesuit order. His departure is said to have been motivated by disappointment with the school’s administration and Provincial Kim’s handling of the situation.

  Following the controversy surrounding the Jesuit Provincial’s support email, the Emergency Response Committee of the student council, along with the Faculty Association, issued a statement criticizing the Jesuit leadership. The statement noted that while a specific priest was not originally part of the group of presidential candidates, he was eventually selected as a candidate. It was later confirmed that this priest was Rev. Sim Jong-hyeok. Normally, the Jesuits follow a strict selection process overseen by the Education Apostolate Committee (EAC) for nominating presidential candidates. About 30 Jesuit priests assigned to the university are part of the Expanded Education Apostolate Committee (Expanded EAC), which selects eight members to form the EAC. The head of the EAC, after receiving recommendations from the Expanded EAC, selects five candidates, followed by a thorough verification process to determine the final nominee. Ordinarily, the Jesuit Provincial nominates one of these five as the official candidate. However, in this case, Provincial Kim directly received recommendations and selected five candidates without consulting the Expanded EAC. Although priest Sim was not part of the original five, he was appointed through the Provincial’s unilateral decision. An insider within the Jesuit community criticized the process, stating, “While the Provincial has the authority to make such decisions, it is customary to respect the judgment of the EAC in selecting candidates. This bypassed the democratic function of the committee and represented a regressive approach to the selection process.”

  Rev. Sim Jong-hyuk, the Jesuit presidential candidate designated by Jesuit Provincial Kim Yong-soo, has previously faced disciplinary action for the misappropriation of a ₩14.8 billion designated purpose fund. University development fund regulations classify funds into general and designated purpose categories. Designated funds are allocated for specific purposes or departments, while general funds offer more flexibility for use without stringent requirements. If funds are diverted to other purposes, the matter must be reviewed and resolved by the board of directors, after consultation with the university council and deliberation by the tuition review committee. However, in 2014, Rev. Sim and his associates bypassed these procedures, diverting approximately ₩14.8 billion from designated purpose funds to general funds without proper reporting or approval. This misappropriation was uncovered in a special audit conducted in 2016. The audit revealed that Sim and his associates violated three key protocols: “ignoring approval procedures,” “neglecting reporting procedures,” and “engaging in illegal fund practices.” As the controversy unfolded, widespread campus criticism and student protests calling for Rev. Sim’s resignation from the presidential candidacy ensued.

Interviewing a Professor from the Faculty Labor Union

Q1. What prompted the drafting of the poster condemning Sogang University's frequent lawsuits?

The lawsuits primarily involve the university as the plaintiff, the Central Labor Relations Commission (referred to as the "Central Commission") as the defendant, and the Faculty Labor Union as an auxiliary defendant. Essentially, the university’s lawsuit against the Central Commission serves as a lawsuit against the Faculty Labor Union. For each case, the university incurs significant costs, including hiring its own lawyers (estimated at a minimum of ₩5 million), paying the Central Commission’s legal fees if the university loses (around ₩4 million), covering the Faculty Labor Union’s legal fees (approximately ₩4 million), and other litigation expenses. The university has filed five lawsuits in the High Court, and it has since appealed four more to the Supreme Court. Despite losing five out of nine cases, the university continues to appeal, seemingly to pressure the Faculty Labor Union, fully aware of the likely outcome. Corporate law dictates that to prevent frivolous lawsuits, shareholders and directors should be held accountable for damages caused by such actions. Therefore, the responsibility for the university’s excessive litigation rests with the Chair of the Board and the President. Recently, a ninth lawsuit was filed, prompting the Faculty Labor Union to issue a poster and statement holding the university accountable for its actions.

  The Faculty Labor Union has made two key demands of the university: 1. Disclose the source and exact amount of funds used for litigation. The cost of hiring the university’s lawyers alone is at least ₩5 million, with additional expenses incurred to cover the opposing party's legal fees. This significant financial burden must be explained transparently. 2. Request an audit from the Ministry of Education. The university’s legal expenditures, which account for most of its ₩600 million corporate contribution, may constitute a breach of fiduciary duty. These funds should be allocated to support students and faculty rather than cover excessive legal costs.

 

Q2. What are your thoughts on the current situation?

The university should withdraw all related lawsuits and seek to resolve the issues through dialogue with the university community. Lawsuits are an extreme measure, and excessive litigation introduces judicial risks that are not beneficial to the university. Should President Shim be indicted for legal issues, replacing him could prove difficult, especially given that he ran unopposed, which may negatively impact the university’s overall management.

  Additionally, Sogang University has frozen faculty salaries for over a decade, creating a wage gap between Sogang and other universities or professions. This discourages talented professors from choosing Sogang, ultimately compromising students' access to high-quality education. Moreover, the prestige and stability of the professorial role have diminished, contributing to the university’s declining ranking and the painting of a bleak outlook. To address these challenges, transparent, sound, and democratic governance is crucial.

 

Q3. Sogang University’s lawsuit against the Central Labor Relations Commission (Central Commission) concerns "arbitration by the Central Commission related to wage increases and collective agreements." What were the Faculty Labor Union’s opinions during the arbitration, and what specific decisions did the Central Commission make?

Regarding wage increases, the Faculty Labor Union initially proposed the highest possible rate, while the university insisted on a 0% increase. The rates were adjusted to 1.8% in 2022 and 2.5% in 2023, with negotiations for 2024 ongoing. As for the collective agreement, numerous provisions were discussed during initial negotiations, including ensuring fairness and openness in institutional systems and allowing the union to nominate members to the disciplinary committee. While the university rejected all proposals from the union, arbitration led to the inclusion of one union nominee on the committee. Despite these decisions by the Central Commission, the university filed a lawsuit and lost. The Faculty Labor Union differs from typical labor unions in that it does not have the right to strike to protect students’ learning rights. Instead, it holds rights to solidarity, collective bargaining, and arbitration by the Central Commission to prevent unilateral actions by the university. Rulings by the Central Commission and the Constitutional Court have recognized the union’s rights to conduct wage negotiations and reach collective agreements. However, the university argues these negotiations violate its procedures and continues to file lawsuits. Despite the Central Commission and Constitutional Court’s rulings, the university has filed nine lawsuits, escalating to the Supreme Court.

Q4. The university claims that the Central Commission's unilateral wage arbitration disregards its procedures. What procedures have the university and Faculty Labor Union followed for wage negotiations, and how do other universities handle this?

Typically, wage negotiations involve scheduling first and second meetings for discussions. However, Sogang University currently asserts that the Faculty Labor Union has no right to wage negotiations, arguing it violates the Private School Act. The university claims that, according to the Private School Act, students participate in the Tuition Review Committee, which discusses the school’s budget. Therefore, the university argues that if wage negotiations are held solely between the Faculty Labor Union and the university, excluding students, it would violate the Act. Contrary to this position, courts have ruled that the Faculty Labor Union’s right to negotiate wages does not violate the Private School Act. The Tuition Review Committee is an advisory body, not a decision-making one, and final budgetary decisions rest with the board of directors. Without the fundamental right to negotiate wages, the Faculty Labor Union cannot achieve its goals. The university’s argument lacks merit, and similar lawsuits at other universities have resulted in losses for the institution.

Q5. Do you have any message for students regarding this issue?

This is a complex issue, and the best solution lies in dialogue and compromise, valuing the opinions of all members of the university community. Universities are institutions for education and research, and students and professors are the core members. At Sogang University, which lacks a faculty council, the Faculty Labor Union represents about 100 out of 400 professors and is seen as a voice for their concerns. However, the university refuses to disclose necessary information requested by the union and is unwilling to engage in meaningful dialogue. As the university continues to resort to lawsuits unilaterally, the Faculty Labor Union has no choice but to seek arbitration from the Central Commission or raise awareness within the university community about these issues.

The School Must be Led by the Students

As Sogang University nears a critical juncture in selecting its next president, it is crucial for students to pay close attention to this issue. The Sogang Herald urges students, who hold responsibility for the university’s future, to voice their opinions proactively and take an active role in ensuring the school’s transparency and fairness. The voices of students will be instrumental in shaping the future direction of Sogang University.

By Nayun Kim (Campus Reporter)

skdus9481@sogang.ac.kr