사립학교법상 대학평의원회 제도의 문제점과 개선방향

Abstract

The university council, which was introduced as an optional deliberation agency in accordance with the amendment of the Private School Act in 1990, became an essential deliberation agency due to the amendment of the Private School Act in 2005 and 2007, and also acted as an advisory function on some matters. Regulations on university councils have not been amended since 2007, but it is still a hot issue, with a number of amendments being proposed. The contents and results of this study are as follows. First, the authority of the university council was divided into advice and deliberation, which was unusual for a conference agency. In accordance with the need to review the background and validity, this study first sought to classify and type the distinction between advice and deliberation as a general theory. Based on this, the regulations related to the university council in the Private School act were analyzed historically and the reasons why the functions were adjusted by advice and deliberation were confirmed. As a result, it was found that some of the deliberations of the university council were adjusted to advice as a result of the adjustment of authority with the board of directors. Second, operational problems such as overlapping authority with existing organizations, lack of expertise of council members, and overlapping regulations between the Higher Education Act and the Private School Act were identified, and improvement measures for these were reviewed. In particular, regarding the overlap of regulations between the Higher Education Act and the Private School Act, this study proposed all university councils in national, public, and private universities to be regulated by the Higher Education Act.