지방교육자치제도에 관한 법률 분석

Abstract

An Analysis on the Law of Local Education Autonomy System

Jeong Hyeok Advisor : Prof. Song Kyoung-Oh, Ph.D. Department of Education Graduate School of Chosun University

Together with the establishment of a local autonomy reflecting a local characteristic and diversity, there have been a lot of efforts to cultivate elites equipped with personality and creativity who can lead multiplied information-orientation society even in education with the progress in politics and society, In addition, people are demanding an educational institution guaranteeing local characteristics & autonomy and a local education autonomy system is gradually settling down onto the one in which autonomous educational activities and educational administration affairs can be executed by a district and school on their own. Looking back into the origin of local autonomy system, the local autonomy system has been developed up to the present with the organization of a local council in 1991 and execution of elections for the head of a local autonomous entity; similarly, a local education autonomy system has been also developing up to the present with the establishment of "Laws on Local Education Autonomy". Such a local education autonomy system, with a close link with a local autonomy system, has laid a legal foundation for carrying out local education autonomy system triggered by the organization of the board of education which took charge of elementary education by designating a city and county as a school adminstration unit on the basis of the education act which was provided on December, 1949 and first enforced in 1952. Since then, this system has developed while tiding over continuous arguments of its abolition. On April, 1964, with the passing of a revision bill on education act which stipulates simultaneous execution of educational autonomy system both on the unit of city & province and city & county, a nominal education autonomy system was administered until 1980. In the meantime, the birth of revised laws and the revision of local autonomy laws among the education act in April, 1988 brought about a legal basis and substantial local education autonomy system together with the local autonomy system came to be administered with the establishment & proclamation of "Act on Local Autonomy" in September, 1991, accompanied by the launching of each board of education on the basis of city and province. Afterwards, there was a partial revision of "Act on Local Education Autonomy" and through the process of the 17th whole revision in December, 2006 and the 13th partial revision in February, 2008, coming to the present. Until the present of 2009, laws have been revised according to the transitions of social environment and educational conditions. This study intends to do research on what the main controversial points of the revised law are and what the matters which are required more revision process are with great interest. As mentioned above, there appear some limits to the stable settlement of local education autonomy system despite the continuous efforts in a legal revision of the local education autonomy system as follows: First, there exists a limit in that just as the local autonomy system was achieved by influential politicians' political purposes in the midst of their interests, so this system was developed by a top-down system in the midst of the interest of educational administration based on a centralized authoritarian rule, not by voluntary participation of teachers, students, and their parents who were the subject of education. Second, under the dynamic environment where residents' participating activities in administration have become active with the amplification of residents' demand for administration, a new local education autonomy system started to be administered together with the establishment of "Act on Local Education Autonomy." However, this system is exposing its institutional limit by defining its administrative boundary to the unit of city and province, which is far from the execution of the original function of local autonomy, or "meeting the public demand in the daily course of residents' living", except that the board of education, which is nothing more than a provisional deliberative body, was added to this system. Third, as witnessed above, there have been 19 revisions including two-time whole revisions and 17-time partial revisions of "Act on Local Education Autonomy" in relation to the local education autonomy system. In spite of such revisions of the proper law, there have continuously come about the revisional loop holes in election method of the members of the board of education and superintendent of education affairs and their positions alike. Thus, a lot of discussions are still going on including the matter of scope extension to the basic unit of local education autonomy system which has been persistently raised after the first revision, the matter of allocation of educational administration, and local educational finance, etc. Hence, this research is aiming at derive the points at issue regarding the current system through the legal analysis centering on the 19th revisions, in Feb, 2008 after the 17th whole revisions of "Act on Local Education Autonomy" , and its improvement plan. This research-intended analysis sphere is as follows: First, A matter of residents' direct election system-an election method of the members of the board of education and superintendent of education affair, which was a major matter of the 17th whole revision Second, Its subsequent position of the members of the board of education and the scope extension of the local education autonomy system to a primary organization, which has remained unchanged due to several administrative and financial issues though there have been a lot of discussions since the first revision Third, A matter of allocation of administration by the central administration subsequent to the revitalization of the local education autonomy system Final, A matter of independent financial status for the local education autonomy system to be an authentic educational autonomy. In handling these matters, this research aims at analyzing these from the angle of "purpose", “characteristic", "expectation effect', and "a point at issue", etc.