학교운영위원회 관련 법제에 관한 교육법학적 논의

Abstract

The purpose of this study is to review the law and system related with the School Operation Committee(hereinafter referred to as ‘SOC’) from aspect of ‘Education Law’. This article composed of five chapters; introduction and problem situation, discussion framework of the SOC from aspect of Education Law, analysis about legal norms related with SOC, diagnosis about legal reality related with SOC, conclusion and tasks of legislative policy. The main characteristic of the approaching method of Education Law is to analyze a legal consciousness as well as contents of law. The legal base of the SOC comes from the Basic Act on Education(§5② The autonomy in school administration shall be respected, and school personnel, students and their parents and local residents may participate in school operation as prescribed by the laws and regulations). The aim of SOC is to enhance the autonomy of school operations and creatively conduct various educations suitable for local situations and characteristics. The function of the SOC at national or public schools deliberate decision-making body, but it is advisory counseling board at the private school. Constitutional Court declare that the obligation of installing SOC in private school is agree with the sprit of Constitution(2000 heon-ma 278). As a conclusion, this article suggested the some lessons through the case study of Constitutional Court and previous studies for the recognition of members of school. That is the direction of SOC's legal reform, providing the direct legal basis at the Basic the Act on Education, improvement of norm validity through amendment, and secure of actual effectiveness through the analysis of the SOC's real situation. It is the way to lead the living law of SOC from dead law or bad law.