의무교육 수탁 사립 중학교를 운영하는 학교법인의법정부담경비 부담 관련 법적 쟁점 분석

Abstract

This study is about whether the school foundations, entrusted with running thecompulsory middle school education, should be the main agent to take the burden oflegally required expenses for the school operation. It has become a matter of judicaljudgment whether school foundations or local governments that have entrusted themwith the compulsory middle school education should be chargeable on the burden of theexpenses. This study confirms the legal structure of the cases and analysed the court'stwo rulings that are contradictory each other. As a result of the research, it has been proved that the school foundations do nothave the rights under public law to claim the legitimate expenses burdened from thelocal government. Yet, confirming that financial support for the school foundation is amatter of a legislative policy, this study suggests an alternative that through classifyingprivate middle schools, the local government can financially supports the burden ofexpenses by the foundation in terms of financial support and an administrativeintervention.