The decision to file a lawsuit was made after the South Korean Ministry of Education announced it would ease tuition fee controls on December 13th.

"We are preparing to file a constitutional complaint by the end of this year, or at the latest, early next year," said Hwang In-sung, Secretary-General of the Korean Association of Presidents of Private Universities (KAPUP).

The lawsuit centers on Article 11 of the Higher Education Law, which stipulates a ceiling on tuition fee increases, allowing the increase to not exceed 1.2 times the average inflation rate of the preceding three years. This ceiling was lowered from 1.5 times after the National Assembly passed amendments to the law in July, and the new regulation is expected to take effect from 2026.

KAPUP will request the court to review and rule on the constitutionality of the aforementioned provision. The organization argues that the tuition fee cap regulation infringes on the autonomy of private universities.

"They don't provide funding for private schools, but they manage and control them like public schools," Hwang told The Korea Herald .

According to him, each university has internal discussion committees, legally mandated bodies composed of faculty and students, responsible for determining annual tuition fees based on the specific needs of each institution. "Imposing such external regulations is an unauthorized interference with the autonomy of universities," he emphasized.

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Students at a graduation ceremony at a university in Seoul, South Korea. Photo: Yonhap

Private universities argue that tuition caps undermine their competitiveness by exacerbating financial difficulties and restricting crucial investments in education and infrastructure. Many schools warn they are struggling to cover staffing and operating costs, as tuition fees fail to keep pace with inflation.

According to the Korean Council for Higher Education, tuition fees at private universities, when calculated in real terms (adjusted for inflation), have decreased by 22.5%, from 8.85 million won (approximately 160 million VND) in 2011 to 6.86 million won in 2023.

Data from the Korea Private School Promotion Foundation shows that while tuition revenue for private schools increased by only 0.5% in 2024, fixed costs accounted for 103.8% of total revenue.

"Public schools receive a lot of financial support, while private schools do not, and are even subject to tuition fee caps. Yet, in the end, private schools still have to compete directly with public schools. This is tantamount to tying the hands of private schools to maintain the existence of public schools," Mr. Hwang said.

According to KAPUP, the organization had been preparing for the lawsuit since October. Initially, they planned to focus their opposition on the National Scholarship Type II – a program that allocates state funds to schools that freeze or reduce tuition fees while simultaneously increasing internal scholarship spending.

However, after the Ministry of Education announced it would abolish the scholarship program in 2027, KAPUP decided to expand the scope of its complaint.

The association argues that linking tuition fee policies to scholarship programs is legally problematic, because a lower-level regulation should not be used to restrict a higher-level law, specifically the Higher Education Act.

"The Ministry of Education is using tuition fees as a tool to pressure students into giving up scholarships. This is inconsistent with the program's objectives," Hwang stated.

KAPUP also calls on the Government to abolish the National Scholarship Type II starting next year, instead of waiting until 2027 as currently planned.

Nevertheless, concerns remain that loosening tuition controls could lead to sharp tuition increases. According to the Institute for Higher Education Research, the average annual tuition for students at four-year universities reached 7.1 million won this year, a 4.1% increase from the previous year. Of the 215 four-year universities nationwide (including branch campuses), 106 have increased tuition by approximately 5% – close to the legally mandated ceiling of 5.49% set by the government.

Students also expressed concern about the possibility of tuition fees increasing.

“Tuition fees are still a major factor for many people when applying to university. I think many students, especially those from disadvantaged backgrounds, will be forced to avoid private universities,” said Kim, 26, a graduate student at a public university in Seoul.

However, KAPUP dismisses this concern, arguing that higher tuition fees can help schools improve the quality of their education and thus attract more students.

Source: https://vietnamnet.vn/cac-truong-dai-hoc-tu-du-dinh-dua-don-kien-phan-doi-tran-hoc-phi-2473403.html