지방교육자치기관으로서 교육위원회에 관한 소고 - 현행 교육위원회제도의 폐지를 중심으로 -

Abstract

Local education autonomy in Korea have changed in many ways until the current period from the introduction of the system. ‘Local Education Autonomy Act’ legislated in 1991, local education government system came into effect in earnest, but because local educational autonomy is a complex concept combined with educational autonomy and local self-government, depending on what is important between educational autonomy and local self-government, the figure of autonomy local education system also has been changed in various ways. In spite of such changes, local educational autonomy system should be what is able to satisfy equally constitutional value of three of “the democratic, local government, independence of education”. In order to ensure the political neutrality and professionalism and autonomy of education, the expansion of autonomy of education is required, there is no objection. There is a serious problem when local education authorities are seeking a realistic intrinsic value in the process of institutionalizing because of the contraposition of political interest. In particular, political confrontation and conflict are concentrated in the problem of the structure of the local education agency autonomy, legislator has repeated a determine which is politically biased each time. And, such decisions were justified the freedom of legal definitions by legislator. National Assembly modified the Local Education Autonomy Act without debate of the realization of the intrinsic value of the local educational autonomy. It was enough to in light of the process for the political area is violated in the area of education. Understanding and sizing of a clear concept about the local educational autonomy must be preceded more than anything else for institutional fixed stable of local educational autonomy. further, the process of institutionalization, the system should be constructed so as to be able to realize the best value orientation of the local educational autonomy. Then, based on this recognition, legislation shall establish a legal system there is no blurring and no logic to the political interest.