교원 보수의 특별한 우대 입법 정신과 과제

Abstract

The purpose of this study is to review the special favorable treatment of teachers' remuneration(hereinafter referred to as ‘SFTR’) and to propose it's legal tasks. The primary analysis target was the provisions related with teachers' remuneration, the table about real salary and allowances, comparative analysis the report or previous studies. The SFTR start from Constitution of Republic of Korea article 31 paragraph 6; "Fundamental matters pertaining to the educational system,……, and the status of teachers are determined by law." It can be called legislation of teachers' status. And the Fundamental Law of Education article 14(school teachers) declare "Professionalism of teachers in school education shall be respected, economic and social status of school teachers shall be privileged, and their status shall be guaranteed." The article 34 of Public Education Officials Act described the principle for settlement of teachers' salary. "The salary of a public education official shall be preferentially paid". And the more decisive spirit of legislation is shown in the Special Act on Enhancement of Teacher's Status((§3 "The State and local governments shall specially treat teachers with favorable remuneration. Any school foundations and private school operators as prescribed in article 2 of the Private School Act shall maintain the remunerations of teachers of the schools established and operated by them at the same level with those of teachers of national and public schools"). But, The sprit of SFTR was not fully realized in real level of the salary and additional payments. While it is true that received preferential treatment than the general state officials, It can not say that the teachers receiving preferential treatment specifically. A ideal best conclusion is to make the separated regulation for teachers' salary and allowance. And the realistic second solution is to reflect the teachers' characteristics to the current regulations.