국가와 지방자치단체간의 교육권한 배분 및 관계 정립에 관한 연구

Abstract

It mentioned so far have the status of theories and precedents of the education authority distribution between the state and local governments. And comprehensive improvement measures such as the allocation of institutional problems and educational rights of foreign laws educational rights allocation between the state and local governments present and future challenges for the relations established as follows First, local educational decentralization means to transfer the work belonging to the authority of ‘Minister of Education, Science and Technology’ to provincial offices of education to execute local education affairs and have them conduct the affairs in their own authority and responsibility by devolving or reasonably allocating the authority of the Ministry of Education, Science and Technology regulated by law to local autonomous organizations. The local educational decentralization has logical structures that is implemented to expect the development of local education, given the autonomy, particularity, and professionalism of local education. Second, laws related to implementation of local educational decentralization are ‘Local Autonomy Act’, ‘Act on the Promotion of Local Delegation of Central Administration Authority’, ‘Special Act on the Promotion of Local Decentralization’, ‘Provisions on Delegation and Entrustment of Administration Authority’, ‘Local Autonomy Education Act’ etc. Besides, it was analyzed that certain provisions in most education laws are related indirectly with local educational decentralization in the formation of devolution. Third, local educational decentralization in Korea was implemented in a full scale after the enactment of ‘Act on the Promotion of Local Delegation of Central Administration Authority’ in 1999 and in the field of education, lots of authorities in the field of elementary and middle school system, curriculum, teaching-learning, and students instruction and academic affairs have been devolved or delegated to superintendents of education offices by educational autonomy, in the fields of educational personnel management, educational finance, and educational facilities, however, the level of decentralization is turned out as still mere than the other fields. Fifth, there is a need also to consider ways to enable the educational cooperation officer institutions. it was implemented in 2008 but now utilizes weakened by establishing a cooperative system of the Superintendent and Administrative Lieutenant governor. Thus, when the Governor and the Chancellor discussed cooperation linked to the goal of final policy decisions, they should keep in mind that even as policy decisions are equitable and ensure the residents of the area of equal educational opportunity and education policy decisions and the student's right to education as always ensure that the participation.