사립학교 교원 소청심사제도에 대한 소고

Abstract

Article 31(6) of the Constitution stipulates that basic matters concerning the education system, which includes school education and lifelong education, its operation, educational finances and the status of teachers be determined by law. The Special Act on the Improvement of Teacher’s Status(“Teacher’s Status Act”) protects the status of private school teachers and promotes the development of education by strengthening the job security of and safeguarding the educational activities of individual teachers as well as by guaranteeing that their level of treatment be at least as favorable as to that which is granted to National and Regional Public school teachers, whose treatment is commensurate to that of public officials, in order to improve the working conditions of teachers without sacrificing the autonomy of private schools. However, the Constitution Court’s decision to invalidate the Teacher’s Status Act’s prohibition on the right of private school educational foundation(“Foundation”) to appeal the ruling of the Appeal Commission for Educators(“Commission”), has led to the enactment of provisions allowing Foundations to appeal to the administrative court, thus delaying legal relief of private school teachers compared to their public counterparts. The recognition of the Foundation’s right of locus standi is inevitable considering the employer-employee relationship between the Foundation and the individual teacher. However, because the Teacher’s Status Act recognizes the Foundation’s right to file suit while at the same time silent about its obligation to adhere to the Commission’s ruling, many Foundations choose to ignore said ruling. Therefore, in order to protect the constitutional values that guarantee the status of private school teachers and realize the purpose of the Teacher’s Status Act, methods of enforcing Commission rulings as well as procedures for alternative dispute resolutions must be considered.