지방교육자치의 기본가치와 주요쟁점

Abstract

The local educational assembly has been operated independently from the local general assembly in Korea. However, the Local Educational Autonomy Amendment Act of 2006 regulated the local educational assembly under the local general assembly as a committee composed together with the local assembly members. Moreover, the Local Educational Autonomy Amendment Act of 2010 regulates the local educational assembly is operated until June 30, 2014. The purpose of this study is to review the basic values of local educational autonomy, and to analyze whether the Local Educational Autonomy Amendment Act of 2006 and 2010 is constitutional in terms of basic and constitutional values. This study reviewed the basic values in three aspects; public administration, local autonomy, and educational autonomy. This study analyzed the issue of integration of the local educational assembly under the local general assembly in terms of scholar's debates, relevant decision of the Constitutional Court, the evaluation of the Jeju Special Self-governing Province and the Washington District of Columbia operating as a model of integration. As a conclusion, this study emphasized the 'autonomy' experiences through the participation of the citizens in the educational policy-making process because the efficiency value has been strongly stressed in Korea rather than autonomy or democracy value which requires more patience and tolerance. The hot issue of the local educational autonomy is the integration of the local educational assembly under the local general assembly as a committee and the abolishment of the local educational assembly in July 30, 2014. This study suggested the integration or abolishment of the local educational assembly could be unconstitutional because it would be a fundamental violation of the independence, professionalism, and political impartiality of education which is regulated in the Korean Constitution Article 31④.