지방자치와 교육감 선거제와의 관계 검토

Abstract

Educational autonomy depends on how to understand local autonomy; it could be independent of local self-governing or not. Clause 117 and 118 of the Constitution regarding local autonomy demonstrate the basis of the local autonomy and become its origin. In addition, Clause 31, Article 4 of the Constitution regulates that "Independency, Specialty and Political Neutrality of Education And Autonomy of University are Guaranteed as Provided by Law". Clause 117, Article 1, also, rules that "Local Self-Government handles the Affairs on Well-beings of its Local Residents and manages their Properties. Futhermore, it says that it can make its own regulation about autonomy within the Ordinance". As you see above, we can know the difference of the both Clauses ; the Clause 117 and 118 and the Clause 31, Article 4 . While the former guarantees the three rights of education(independency, specialty and political neutrality) as laid down by law, the latter stipulates that all the affairs of residents' well-being are the authority of local self-government body. Separating educational autonomy from local one is not desirable. Rather, in the division of their unions, we could find out ways of attaining independency, specialty and political neutrality of education, resulting in according with the purpose of local self-governing and special law on the present local decentralization of authority. Therefore, this study suggested promoted ideas on local education autonomy in the following view point that educational autonomy should be seen within the category of local self-governing.