‘지방교육자치에 관한 법률’ 관련 헌법소원 분석

Abstract

The purpose of this study is to suggest the direction of legislation policy in the revision of 'Act on local educational autonomy' and educational autonomy system. This task means the process of verification about 'Constitutional validity' at the Act on local educational autonomy under the spirit of Constitution. For this, I analyzed seventeen cases of Judgment among the constitutional Complaint. At the chapterⅡ, I described the general criterion of coincidence to the spirit of Constitution. According to the Constitutional Court, The Constitutional essence of the educational autonomy system is to equally guarantee the value of democracy, local autonomy, and independency of education. So, the educational autonomy system is based on the Article 31④(Independence, professionalism and political impartiality of education and the autonomy of institutions of higher learning shall be guaranteed under the conditions as prescribed by law) and Article 117,118(local autonomy) of Constitution. And the criterion of limiting the basic rights is the Article 37(The freedoms and rights of citizens may be restricted by law only when necessary for national security, the maintenance of law and order or for public welfare. Even when such restriction is imposed, no essential aspect of the freedom or right shall be violated). At the chapterⅢ and Ⅳ, I analyzed the characteristics in the cases of the Constitutional Court. The cases can be divided into four types, the legal status of educational board, method of voting, limitation of candidates's career, and election campaign. As a conclusion, I reviewed entirely the Constitutional validity of the seventeen Constitutional cases. and I suggested the direction of revising the Act on local educational autonomy. Finally, I emphasized the importance of practical autonomy which we feel at our community and school. And, it is a top priority tasks that organize the Educational committee(in Local council) into all educational career members.