The legal dispute over ‘Sabbath exams,’ initiated by the administrative lawsuit filed against the school by Im IJin in February 2021, has finally concluded with a victory. It was a grueling fight, lasting 18 months, following an appeal to the Supreme Court by C University after losing in the High Court in September 2022. Let’s review the key moments of this lawsuit, from the filing to the victory.
■ February 2021
Im IJin applied to C University’s law school and passed the document screening. However, the interview was scheduled for Saturday morning. Due to religious reasons, she requested the university to reschedule her interview time to after sunset on Saturday, asking to be placed last in the sequence. The university, however, did not accommodate her request. As a result, she did not attend the interview and was subsequently disqualified.
Previously, Im had applied for the university’s entrance exam but had consistently withdrawn due to interviews exclusively scheduled on Saturdays. She ultimately filed an administrative lawsuit for the cancellation of the rejection of the application for admission procedure objection and the disqualification decision, arguing that this was a clear violation of religious freedom.
This case drew attention not only because it dealt with Sabbath exams during the school term, like Han Ji-min’s case, but also because it addressed the issue of Saturday exams at the admission stage. The reality that many colleges and graduate schools hold interviews on Saturdays meant that the outcome of this lawsuit was highly anticipated for its potential impact.
■ May 20, 2021: First Hearing “Asking for Consideration, Not Privilege”
The first hearing took place at the Gwangju District Court. The school argued that allowing only the plaintiff, Im IJin, to take the exam after sunset would compromise the fairness of the admissions process and thus could not be permitted.
However, Im IJin’s legal counsel countered that they were not asking for a special privilege to have a separate exam. Instead, they requested that her interview be rescheduled to the last slot after sunset on Saturday as a consideration. They pointed out that although the interviews were scheduled to end at 5 PM, the panelists were paid until 6 PM, allowing for flexible scheduling.
■ June 24, 2021: Second Hearing “Choose Between Beliefs or Dreams…”
The second hearing continued at the Gwangju District Court. Im IJin, who attended the court in person, read a prepared statement to the judge.
“In cases where an important exam falls on a Saturday, Seventh-Day Adventists must either abandon their long-cherished dreams to maintain their beliefs or, after much turmoil and deliberation, compromise with reality. Either choice entails sacrificing their conscience or denying their existence.” The statement included a cruel predicament that reflects not only the personal agony of the individual but also the desperate reality faced by Adventist youth in our times.
■ September 16, 2021: First Instance Defeat
At the verdict hearing held at 2 PM in Courtroom 401 of the Gwangju District Court, the First Administrative Division of the Gwangju District Court dismissed and rejected Im IJin’s case against the president of C University concerning the “Cancellation of the Rejection of the Application for Admission Procedure Objection and the Disqualification Decision.”
The court ruled that Im IJin did not have the regulatory or rational right to request changes to the admission procedure rather than the exam results itself. Thus, refusing her request to change the interview time does not constitute a “decision” that can be challenged in an administrative lawsuit, leading to the dismissal of her claim.
Moreover, although C University Law School did not change the interview schedule for Im IJin, the court ruled that the refusal to change the interview schedule was not disproportionate concerning the public interest achieved versus the restriction imposed on fundamental rights. Therefore, the claim for cancellation of the disqualification decision was rejected. As a result, Im’s dream of becoming a legal professional dedicated to advocating for the rights of the socially disadvantaged was further delayed.
■ October 2021: Decision to Appeal … The Korean Union Conference decided upon the appeal
Considering the significance of the case, the decision was made to appeal. The Administrative Council of the Korean Union Conference resolved to take charge of the second-instance trial related to the C University Law School admission interview. For the appellate defense, attorneys Shin MyungCheol, who handled the first-instance defense, and Park SungHo (from Law Firm Barun) were jointly appointed. Im IJin expressed her resolve, stating, “I intend to go as far as I can.”
■ March 18, 2022: First Appellate Hearing
The hearing started at 2:20 PM and lasted about 15 minutes. The Gwangju High Court’s First Administrative Division reviewed the facts related to the “Rejection of the Application for Admission Procedure Objection” and the “Dismissal of the Disqualification Decision Reversal” previously ruled by the first-instance court. After examining the evidence submitted by both sides, the court focused on deliberating the contested issues of the application.
The court ordered the plaintiff and defendant to submit additional documents related to “Seventh-Day Adventist Church Sabbath Doctrine,” “Domestic and International Cases,” “Fact-finding on Saturday Tests at Other Law Schools,” and “Annual Average Law School Admission Rate and Interview Dropout Ratio.” The attorneys emphasized that for Seventh-Day Adventists, observing the Sabbath is not a matter of choice but an uncompromisable absolute value. The next hearing was scheduled for May 12, with the possibility that a decision could be reached soon.
■ July 21, 2022: Notification of Delay in Appellate Verdict Announcement
The appellate verdict hearing for the “Rejection of the Application for Admission Procedure Objection and Disqualification Decision Reversal,” initially scheduled for 10 AM on this date, was postponed to August 25 at 2 PM. The specific reasons for the delay were not disclosed. Institutions and groups such as the Korean Union Conference Department of Religious Liberty and the Association for Religious Liberty and Equal Opportunity, which have been working to resolve the issue, announced that there is now an additional month to pray, requesting more fervent prayers for the trial from churches and believers domestically and internationally, and appealed for special prayers.
■ August 25, 2022: Victory at the Second Instance
Im IJin won the appeal. At 2 PM, the First Administrative Division of the Gwangju High Court accepted all claims in the case against the president of C University concerning the “Rejection of the Application for Admission Procedure Objection and Cancellation of the Disqualification Decision.” The court overturned the first-instance district court’s ruling and ordered the defendant (the school) to pay the litigation costs.
The appellate court stated, “The Law School violated the principles of proportionality and equality and abused its discretion, failing to provide Ms. Im an opportunity to participate in the interview.” It also noted, “Ms. Im faced inequality in reaching the final stage of admission, not because of her academic abilities but due to her religious conscience. Such a refusal constitutes indirect discrimination based on religious conscience.”
Especially significant was the court’s emphasis on the current constitutional reality, stating, “Considering the indirect discrimination and discrimination due to customary or socio-structural factors are more problematic than overt discrimination with explicit intent, interpreting the prohibition of indirect discrimination as included in the constitutional declaration of equality and non-discrimination aligns with the purpose and function of the Constitution.”
■ September 8, 2022: C University Law School Appeals to the Supreme Court
After losing in the High Court, C University Law School appealed to the Supreme Court. The appeal was filed on the eve of the Chuseok holiday. On the 8th, the school stated, “Although we received the final verdict from the Gwangju High Court on August 29, 2022, regarding the case, we do not agree with it and thus file an appeal,” submitting the appeal under the university president’s name. The reasons for the appeal were not disclosed.
The Supreme Court will ultimately decide whether Seventh-Day Adventists have the right to request Sabbath exam accommodations during the college admission process.
■ January 16, 2023: Supreme Court, Tension Over Decision on Non-Proceeding Dismissal
Tension rose as it was expected that the Supreme Court would decide whether to dismiss the appeal of C University Law School’s case without proceeding. A dismissal without proceeding means the Supreme Court can reject the appeal based on the special act governing appeal procedures, indicating that the High Court’s reasons are sufficient and no further examination is necessary.
However, the Supreme Court did not deliver a decision that day, leading to speculations of a prolonged trial. Unlike ordinary rulings, there is no set deadline for announcing a decision on dismissal without proceeding, and there was also a concern that the outcome might differ from the second instance, leaving room for unease. As the review continued, the Supreme Court’s deliberations seemed to deepen.
Fortunately, following the victory in the High Court, there has been a shift in the social atmosphere as more schools started to implement accommodations during both the admission process and the schooling period, including changing schedules or providing separate exams for Sabbath exams during foreign language and graduation tests.
■ January 18, 2024: Supreme Court Deliberates Before Ruling
The case was referred to the Grand Bench of the Supreme Court. Usually, Supreme Court appeal cases are handled by a panel of four justices. Still, if there is a dissenting opinion within the panel or the case is deemed to have social importance or requires a change in Supreme Court precedents, it is reviewed by a Grand Bench consisting of at least two-thirds of all justices. This indicates the significant societal impact and importance of the case.
This trial is also the first time the Grand Bench of the Supreme Court has dealt with examinees’ rights to observe the Sabbath during tests. The Religious Liberty Department of the Korean Union Conference has called for strong and earnest prayers from the faithful to ensure the proceedings go well.
■ February 22, 2024: Solo Deliberation on ‘Saturday Test’
On this day, the Grand Bench of the Supreme Court held a solo deliberation on the case concerning the “Rejection of the Application for Admission Procedure Objection and Cancellation of the Disqualification Decision.” It was the second deliberation, reflecting the profound contemplation and burden felt by the judiciary. This was also the first full court deliberation under the presidency of Chief Justice Cho HeeDae, drawing significant societal attention.
The Supreme Court had announced in its major trial guide that it would deliberate on February 22 on the case filed by a Seventh-Day Adventist who was disqualified for not attending a law school interview scheduled on her Sabbath after her request to reschedule the interview due to religious reasons was denied.
■ March 19, 2024: General Conference President Wilson Appeals for ‘Religious Freedom’ at the Supreme Court
Ted Wilson, president of the General Conference, submitted an appeal for ‘religious freedom’ to the Supreme Court. In this document, he introduced measures implemented in various countries around the world, such as the United States, Canada, and Brazil, which allow exams to be taken after sunset, and shared his experiences, emphasizing that “While these are measures for a minority group, they also provide the privilege for the Seventh-Day Adventist Church to participate in the fundamental educational rights of citizens, while upholding the religious conscience guaranteed by the Constitution.”
He further stated, “With this verdict, Seventh-Day Adventists hope to receive legal protection that allows them the opportunity for education while guaranteeing their religious freedom and freedom of conscience, enabling them to remain loyal citizens of the country while preserving their faith. Religious freedom and freedom of conscience are the foundations of nations blessed by God.”
■ March 30, 2024: National United Prayer on the Last Sabbath Before the Verdict
The Supreme Court Clerk’s office announced that the verdict for the case will be delivered at 10 AM on April 4 in Courtroom No. 2 of the Supreme Court. On the last Sabbath before the verdict, Kang SoonKi, president of the Korean Union Conference, appealed for special prayers across all churches. The faithful prayed during Sabbath school and Sabbath worship for God’s presence in the Supreme Court and for the Holy Spirit to work in the hearts of all justices to lead to a victory.
Pastor Kang SoonKi stated, “This verdict will be a crucial decision that establishes a solid foundation for our children to maintain their religious conscience of observing the Sabbath fully while pursuing their dreams through the college (and graduate) admissions process,” and requested united prayers.
The staff of the Korean Union Conference also held an ‘Online Special Prayer Meeting for the Supreme Court Verdict’ via video conference system on the evening of April 3 at 9:30 PM, praying for God’s mighty providence and guidance.
■ April 4, 2024, 10:07 AM: Victory at the Supreme Court
“The appeal against the cancellation of the disqualification decision is dismissed.”
The verdict was delivered in Courtroom No. 2 of the Supreme Court starting at 10 AM. The Supreme Court affirmed the High Court’s ruling that had found in favor of the plaintiff, Im IJin, against the president of C University in the case concerning the “Rejection of the Application for Admission Procedure Objection and Cancellation of the Disqualification Decision.”
It was a moment of victory for Im IJin. It marked the end of a long and frustrating three-year legal battle. It was a solemn, holy, and thrilling moment for those who honor God’s law to triumph.