단위학교 행정실 관련 법제 개선방안

Abstract

This study examines in which manner the relevant laws and ordinances should be modified in order to clarify the role of school administration offices and also provides logical groundwork and alternative plans to determine in which legislative systems (e.g. act, ordinance, regulation) the legal basis for school administration office should based on. The following problems were found as a result of review of current regulations on the issue. First, the 'Elementary&Secondary Education Act' states the grounds of employment and personnel management but it does not state the installation, operation, and scope of duty of the school administration office, so it can be against the rule of law. Second, title and duty of administrative organizations exist in the form of regulation of local autonomous entities, but is not sufficiently organized and also there is no legal basis in the law which may lead to departure from constitutionalism. The major issue on the legislation of school administration office is to determine whether if the rules enforced by municipal or provincial superintendent of educational affairs is sufficient or if there is a need to establish a new regulation based on the 'Elementary&Secondary Education Act'. The course of action suggested in this study is to recognize the installation and operation of school administration office as a part of basic national educational system required by the central governmen to take charge of, add relevant items to the 'Elementary&Secondary Education Act' rather than enforcing the installation of administration office by law and allow local autonomous entities to decided the details at their discretion.