사학교원의 법적 지위 및 인사관리에 관한 법적 고찰

Abstract

The purpose of this study is to investigate the present situations and problems of the Korean private school teachers' legal status and the personnel management system of private school. And actually this study is intended to draw the improvements of their serving condition, as to contribute to guarantee the distinctiveness of private school and students' educational fundamental human rights, on the basis of setting properly up the Korean private school teachers' legal status. The results of this study indicate that the Korean private school teachers' legal status is similar to public school teachers' in spite of different identity and personnel management system. So autonomy of the personnel management in the private school is nominal. In this study, the basic causes of problems that autonomy of private school is nominal, and deduced as follows. first, a right standpoint of the personnel management system in the private school is absent from national policy scale. Second, a defect of legislation on private school teachers' legal status such as application to 'the Rules for the Public Educational Personnel and Staff Act' and 'the Government Officials Act' is present. Third, a single law which contains the whole teachers' legal status has not been legislated yet. This study makes a suggestion to set up a right standpoint of the personnel management system of the private school in national policy scale, to legislate a single law which contains the whole teachers' legal status. And This study devises a new personnel management system which can enhance the particularity and the independence of private schools and suggests to legislate them. Even though private schools have the similarity to public schools in a sence of undertaking official role, but they have special value, function, and tradition. In the concrete, this study suggests the following advices for the improvement of the personnel management system of private schools. First, making up the policy to attract competent people to teaching profession and the apprenticeship scheme in the private schools. Second, examining the introduction of apprentice teachers' systems in private schools. Third, making up the flexible rotation of personnel among incorporate educational institutions. Fourth, developing and suppling on-the-job training programs which strengthen quality, excellence and professionalism of private schools' teacher and enhance the particularity and the independence of private schools. Finally, enlarging the opportunity of the employment to a public school teacher or a school inspector.