지방교육자치제의 헌법적 쟁점과 개선방안

Abstract

As local government system has been enlarged since 1990s, the method of election both superintendent and member of the board of education has been changed many times. There is only the nomination of political party as difference between election of mayors and governors and superintendent of education in provinces and cities, they will come into conflict no more than cooperation with exerting their authorities because of same amount authorized by law for their election campaign expenses. The direct election of the electorate for superintendent of education may confirm to those constitutional principles of education autonomy, local autonomy, and democracy, but the detail ways of its election may correspond to a legislative thing by lawmakers. the core problem on education autonomy leads to the conflict of combination and division between administration of local government and that of education autonomy. The combination of administration of local government and that of education autonomy can build up a educational human right of civil, reinforce an accountability of school management, and guarantee the validity of education autonomy through segregation between management and adminstration on school education. Above all things, mayors and governors shall burden as a political delegate a final responsibility not only a general autonomy adminstration, but also educational autonomy administration toward regional electorate. If mayors and governors and superintendent of education have an equal autonomy administrative responsibility, that is against the rule of natural law between whole and part. Mayors and governors nominee can choose superintendent candidate as optional running mate by direct election of electorate as well as the existing method of election of superintendent, in addition to a recommendation and approval for the superintendent of schools in primary local cities by province assembly. This can guarantee the professionality and political neutrality of education, and decrease the election cost of superintendent of education.