교원소청심사특별위원회의 재임용재심사 기준에 대한 해석과 그 법적논리

Abstract

The Constitutional Court made the constitutional disagreement decision on the article 2 of 53, clause 3(the professor's term appointment system) of the Old Private School Law on February 27, 2003. after going through the lawmaking procedure during 2.5years, The Special Law for Relieving the Damaged Professors by the Professor's Term Appointment System in nationwide universities last 30years was enacted and promulgated on July 14, 2005. This study aimed to interpret exactly on the standard of re-judgment for re-appointment to relieve the damaged professors in the Special Law, and to present the legal logic for interpreting and applying the standard of re-judgment for re-appointment. This study is composed of five chapters as Introduction(I), The legal meaning of constitutional disagreement decision on the article 2 of 53, clause 3 of the Old Private School Law by the Constitutional Court(II), The contents of the standard of re-judgment for re-appointment and the problems of it(III), Past discussions on the standard of re-judgment for re-appointment appeared lawmaking procedures during 2.5 years(IV). The legal logic to interpret and to apply the standard of re-judgment for re-appointment(IV), and Conclusion(V). The standard of re-judgment for re-appointment on the Special Law is interpreted as the yes or no of the propriety of procedure and the objectivity of reasons on the re-appointment exclusion of professors. Consequently, the article 2 of 53, clauses 4-8 of the revised Old Private School Law and the article 3 of 11, clauses 2-6 of the revised Rules for the Public Educational Personnel and Staff Act should be applied to the standard of re-judgment for re-appointment by the Special Law.