종립대학에서의 교직원채용의 자유와 제한 : 대학의 자율성을 중심으로

Abstract

Recently a habitual practice that religious foundation universities has requested submitting the certificate of a certain religions as a new hiring condition was an issue. The National Human Rights Commission concluded it was the discrimination on the ground of religion, and some relevant universities assert that it was justification. Applicant asserted that because he can not apply without a certain religion it is a religious discrimination and violates the freedom of career choices. On the other hand, religious foundation universities claim that hiring the believer of a certain religions is missionary work and forms a part of the freedom of religious realization. Guidance of student has come in various forms as not only lecture but also extracurricular work, and so on. The school personnel also is not irrelevant to counsel of student. Therefore requesting the certificate of a certain religions has a reasonable reason. Although autonomy of university is in the section 31, subsection 4 in our constitutional law, it is a close relation to the academic freedom which is regulated in section 22, subsection 1. On the ground of that the Private School Act was made. It is enacted that it aims at the security of autonomy and the upsurging of public services according to the extraordinary nature of Private school. Private school has been raised such a pressing issue that the schools account for 80% of college education and 30% of secondary education. All the while Private school has achieved the autonomous and creative education which Taxpaid School could not accomplish. To help the practice of the extraordinary nature of Private school its autonomy must be acknowledged. The National Human Rights Commission's advice as to quitting the habitual practice having been requested the certificate of a certain religions as hiring requirements of school personnel, has no a certain legal basis.