농어촌교육 법제의 주요 내용과 입법체계상 특징 및 입법 대안 검토

Abstract

There exist more than eight laws which are related to rural education that are under the jurisdiction of the Ministry of Education, including the Framework Act on Education. Also, there are also more than four rural education realted laws falling under the jurisdiction of other government bodies. As such, legal provisions for rural education are regulated by means of a number of different laws, and their characteristics and issues are as follows. First, while various laws contain different provisions pertaining to rural education, the roles of each law are not systematically distributed. Second, laws addressing rural education generally support or promote rural education, but some of the provisions such as the restructuring of rural schools are considerably regulatory. Third, most laws on rural education have the characteristics of special law. Fourth, it is often ambiguous as to whether the agency responsible for the relevant affairs is either a general administrative agency or an educational administrative agency, and the jurisdiction between the state and local governments stands as also ambiguous in many cases. In this study, we propose the following legislative measures in order to address the issues identified above: an enactment of an integrated special law on rural education for a systematic organization of provisions on rural education and revision of individual laws which are in need of improvement to systematize the division of roles within each law.