수석교사의 지위와 임용에 관한 법적 검토

Abstract

This article analyzed the current laws and legal issues related with master teachers. Since 1980s, there have been a plenty of suggestions on the legal frame for master teachers, and in 2011, the law for master teacher was finally enacted. However several flaws were turned out with lack of deliberate considerations on how to write the policy down in the acts. For one thing, it is noteworthy that the master teachers were given a separate legal position. It means that anyone is entitlement to get employment for the position if he/she holds a relevant certificate. If public school teachers are only bestowed opportunity for the master teacher, it may bring out the allegation of unconstitutionality in the view of the right to hold public office. Another issue is whether the employment of master teacher is regarded as one with fixed term in spite of no clear provision. The law only depicts that if a master teacher could not pass the scrutiny for the extension of employment, he would possibly subject to constraints on the job and fringe benefits. The employment with term shall be permitted only along with the demands of the protection of teachers' status. Finally, the status of master teachers is constructed with a legal position, and it unexpectedly resulted in provoking unnecessary contradictions in the legal system. Actually, the teacher is expected to play a special duty rather than occupying a position. The legal provisions shall be revised according to the characteristics of the job.