교육의원 일몰제의 규범적 타당성 진단 연구

Abstract

The purpose of this study is to review the norm validity of the Sun set system ofEducational Members in local council(hereinafter referred to as ‘SEM’) and to suggestthe direction of legislation policy in the revision of ‘Act on local educational autonomy’. The main characteristic of the approaching method of Education Law is to analyze alegal consciousness as well as reality of the law. Article composed of four chapters; introduction about problem situation and researchframework, analysis about process of argument and criteria of judgement, diagnosisabout the norm validity of SEM, and conclusion and tasks of legislative policy. The educational autonomy system is based on the Article31④(Independence,professionalism and political impartiality of education) and Article117,118(local autonomy)of Constitution. And it's direct base comes from the Basic Act on Education(§5①). The Constitutional essence of the educational autonomy system is to equallyguarantee the value of democracy, local autonomy, and independency of education. Tomaintain the educational member system is the main conclusion of bill of the Assembly. As a conclusion, this article suggested the some lessons through the case study ofConstitutional Court and previous studies for the recognition of people related witheducational member system. The renewal of the educational members in local councilshould be substituted for SEM to improve the norm validity. It was proved that theeducational members in local council were more specialized and passionate than ordinarymembers through the preceding research analysis. Because only ordinary membersystem is not sufficient for Constitutional spirits(Dual Autonomy, Harmonious guaranteeamong Democracy, Local autonomy, and Educational independency).