지방교육 거버넌스 구축을 위한 법제도적 방안

Abstract

It has been 24 years since the autonomy of local education was implemented in 1991, but the system has not yet taken root. First of all, there has been sharp confrontation between two positions; one considers the autonomy of local education to be part of local autonomy and places importance on the efficiency and appropriateness of their integration, while the other understands the meaning of educational autonomy to be “autonomy of education” and attaches importance to the independence, professionalism and political neutrality of education. Of late years, however, a new argument has been raised that it is necessary to seek ways to consolidate mutual linkage and cooperation between the autonomy of local education and the autonomy of local administration, in order to, on the one hand, reduce conflicts and friction between them and make the most of the characteristics of educational autonomy and, on the other hand, to secure cooperation and support from local autonomous bodies in the area of local educational administration for advancement of local education. This argument could be understood to be a position that emphasizes the necessity to establish of local education governance. The issue of governance of the local education could be viewed from another angle as the issue of between the Local Autonomy Act and the Local Education Autonomy Act, which is the legal framework on organizations, procedures and their coordination and control so that autonomy of local education and local administration can secure attainment of the norm objective through cooperation, control and communication between parties concerned. To be able to understand the issue, one should first understand the long-debated two issues: “the relationship between the local autonomy and the autonomy of local 150 敎育法學硏究 education” in light of the concept, basic ideology and constitutional ground of autonomy of local education, and “the relationship between the Local Autonomy Act and the Local Education Autonomy Act”. Therefore, in this article, “the relationship between the local autonomy and the autonomy of local education” and “the relationship between the Local Autonomy Act and the Local Education Autonomy Act” have been first looked at in light of the concept, basic ideology and constitutional ground of autonomy of local education, and then the legal and institutional establishment of local education Governance have been looked for.