기독사학 교원 행정소송 사례에서 본 소청심사제도 개선책

Abstract

While living through the pandemic era, we faced a new and rapidly changing environment for community and legal culture. In the post-pandemic era, the paradigm of politics, economics, society, and culture is expected to change. In recognition of this present atmosphere, we must find a way to apply the law in practice. We must also have a desire to amend unreasonable systems and laws to build a better society. This paper aims to suggest an improvement plan for the problems of the Appeal System for Educators. This paper describes a case in which the initial administrative action of the Appeal Commission for Educators was defeated and cancelled in administrative litigation. Through this case, I found the cause of the Appeal Commission for Education’s defeat, errors revealed in the process of the initial administrative action, and procedural flaws in the appeal review. Furthermore, another challenge that needs to be resolved is the issue of additional measures for a situation when an educational foundation does not comply with the changes in the court’s disciplinary action by the Appeal Commission. Therefore, this paper explores ways to effectively improve the problems of the Appeal System for Educators, focusing on the problematic topics. In this paper, I investigated how to build a new paradigm suitable for the current era by boldly breaking the paradigm of current administrative law. Moreover, I pointed out the old bureaucratic customs that were discovered in the Appeal System for Educators and found a clue regarding the change and improvement of education administration, in the field of administrative law. In conclusion, I proposed the following plans for an improvement of the administrative law related to the Appeal System for Educators, to modernize and reform the administrative law. First, we should examine the administrative law, including the Appeal Commissions for Educators, from the perspective of a “better awareness of the future” and should attempt to transform the system to keep up with the rapidly changing educational environment. Second, to improve national education policy, we should update the Appeal System for Educators and related regulations in ways that can respond to the needs of the current era and consider the field of education effectively and realistically. Third, teachers, educational institutes, and affiliated administration officials in education should collaborate and devise effective improvement plans for the institutional flaws in the Appeal System for Education. Fourth, after accurately identifying and analysing the problems of the Appeal System for Education, the officials should provide a guideline for education administration, or a guideline for the Appeal Reviews, to resolve the problem.