「사립학교법」 제57조(당연퇴직 사유)에 관한 소고(小考)

Abstract

The current education law system, as institutional guarantee, considers the teachers who take charge of public education as the servants of the people regardless of their status, i.e. without considering whether they are public school teachers or not. And education laws stipulate the public school teachers and private schoolmasters should be treated equally based on professionalism in education. Thus, it is natural that reasons for natural retirement of the public school teachers and educational public officials should be equally applied to the private schoolmasters fundamentally, because the functions they perform are identical in that they serve the general public. However, the rewards, qualifications, and guarantees of status, etc. of the private schoolmasters are a little different from those of the general governmental officials, because, basically, private schoolmasters are employed through personal hiring contracts unlike the public officials. And therefore, there are problems with the theory of interpretation and legislation of article 57 of the private school act, in that article 57 cites article 10-4 of the educational officials act with respect to the grounds for disqualifications as it is, which embraces article 33 of the state public officials act. This thesis analyzes the above problems related to the reasons for natural retirement for the private schoolmasters stipulated in article 57 of the private school act, and then examines the issues of legislation including the absence of transitional provisions regarding the application of one part of article 57(“and public officials shall be construed as teachers for the purposes of sub-paragraph 6-2 of article 33 of the state public officials act”). Finally, the conclusion of this research paper suggests law amendment of article of the private school act.