기간제교원에 대한 불이익 처분의 실태와 개선방안

Abstract

The purpose of this study is to analyze the actual situation of penalties that can be imposed on the fixed-term teachers when they commit misconduct, to identify problems in the current system, and to propose improvement measures. Under the current law, the basis for disadvantageous treatment of the fixed-term teachers is not based on the Education Officials Act, but on the guidelines of the provincial education offices. Rather than applying the disciplinary regulations of regular teachers to the fixed-term teachers, this study proposes to distinguish between the cases in which the obligation to terminate the contract is triggered immediately and the cases in which the principal is granted the discretion to terminate the contract and is allowed to reduce the salary, with the latter subject to deliberation by the school personnel advisory committee. Specifically, violation of working in good faith obligations, disqualification from employment, or prosecution in a criminal case, failure to work for more than one week in a row without a specific reason, being hired in an unfair manner such as providing money during the recruitment process, or being found to have engaged in unfair behavior during the course of work, and disclosure or commission of sex-related misconduct prior to employment are considered grave matters and are subject to immediate contract termination. On the other hand, if the employee is negligent in his/her duties or lacks the ability to perform his/her duties, if it is difficult to perform the contract within the contract period due to physical or mental abnormalities, or if he/she does not faithfully perform his/her duties under the contract, the principal shall be granted the discretion to terminate the contract and may be subject to a reduction in salary after deliberation by the Personnel Advisory Committee.