학교자치조례의 제정 범위와 한계 - 「광주광역시 학교자치에 관한 조례」의 법적 쟁점과 적법성 판단을 중심으로 -

Abstract

Recently, local autonomous entities have attempted to enact ordinances concerning school autonomy. The ordinance on school autonomy, enacted by Gwangju Metropolitan City in 2013, is pending before the Supreme Court. Another ordinance enacted by North Jeolla Province early this year was sentenced to a suspension of execution. Despite these dire circumstances, Seoul Metropolitan City and South Jeolla Province have been making similar attempts since last year, followed by Gyeonggi Province this year. These efforts indicate that local autonomous entities have formed a consensus on the need for institutionalization of school autonomy to achieve school democracy. Are ordinances on school autonomy, aimed at establishing a system for school democracy, unlawful? Basic matters related to school autonomy must be prescribed by law. While existing laws guarantee school autonomy to a certain extent, they are dispersed across various acts and enforcement decrees, and thus cannot be considered integrated or systematic in nature. To date, it has been difficult to grasp the overall structure of school autonomy, and the lack of regulations guaranteeing the participation of affected parties has resulted in incomplete legislation. Ordinances on school autonomy can supplement such incompleteness and protect the rights of affected parties. They are not necessarily unlawful, but it is essential to thoroughly review the problems revealed in the process of enactment. The request for institutionalization of school autonomy reflects the realistic desire for school democracy by parties involved in education. It also indicates that a democratic school culture can only be achieved with the support of adequate policies and systems. As such, the enactment of ordinances on school autonomy is expected to lay the foundation for school democracy.