교육감 선거제도의 규범적 타당성 및 사실적 실효성 진단 연구

Abstract

The purpose of this study is to review the results and issues of the 'norm validity' and 'actual effectiveness' at the direct election system of the superintendent in 2010. According to the constitutional court(99 hun-ba 113), The constitutional essence of the local education autonomy system is to harmoniously guarantee the three value of democracy, local autonomy, and independency of education. And it's legal basics is in the article 31④ of constitution. The typical four principles of the local education autonomy system mean 'decentralization of educational power', 'control by residence', 'educational independence', and 'management by Specialist'. Lately added principle is 'economical and social efficiency'. At the chapter Ⅱ, this article analyzed the constitutional basic of the superintendent election and the history of election system from 1949 to 2010. The political goal of co-election of superintendent and mayors and governors is summarized as a 'low-cost and high-efficiency election system'. but people has little interest in the superintendent election. At the chapter Ⅲ,Ⅳ, this article discussed the problem of the 'norm validity' of the local education autonomy law comparing with the cases of the constitutional court. And reviewed the actual effectiveness through the results of direct superintendent election by residence in 2010. As a conclusion, there is a gab between the 'norm validity' and 'actual effectiveness'. The future development is dependent upon the people's consciousness of the right and participation in the local education autonomy, and the instruction of social efficiency is more important than economical efficiency.