지방교육자치제도 개정에 관한 논의- 민주주의·지방자치·교육자주 및 제도 원리 관점 -

Abstract

The purpose of this study is to suggest the tasks for development of the Local Education Autonomy System(hereinafter referred to as LEAS) through the analyzing of the past and now Act on the Local Education Autonomy. The Criterion of judgment is focused on the spirit of Constitution, principle of system, and the feeling level of autonomy. According to the Constitutional Court(99 hun-ba 113), The Constitutional essence of the LEAS is to harmoniously guarantee the value of democracy, local autonomy, and independency of education. And the LEAS’s legal basics is in the Article 31④(Independence, professionalism and political impartiality of education shall be guaranteed under the conditions as prescribed by law) and Article 117,118(local autonomy) of Constitution. The typical four principles of LEAS mean ‘Decentralization of educational power’, ‘Control by residence’, ‘Educational independence’, and ‘Management by Specialist’. At the chapterⅢ, the characteristics of the LEAS’s history were reviewed from the six points of view. Relation with LEAS’s change and politics, Issues in the 20 cases of the constitutional court, Tendency of topic(centered to the election system of Superintendent and Educational Board Members), Limited right of educational board regardless of it’s representativeness, Connection of school-autonomy and local-autonomy, and Implications of the experience at the Jeju Special Self-Governing Province. The chapter Ⅳ contains the issues and characteristics of the revised law of LEAS in 2010. As a conclusion, This article suggested the three tasks for development of the LEAS. The election system of Superintendent and Educational Board Members should be keep the balance the principle of control by residence and management by specialist. And the typical four principles of LEAS should be compensated by the principle of efficiency. Finally, The real development is dependent upon the people’s consciousness of the right and participation in LEAS. Because, “the feeling of autonomy” is a real barometer of level of LEAS.