사학분쟁조정위원회의 위헌성과 그 개편방향

Abstract

The revised Private School Act of 2007 introduced the Private School Dispute Resolution Committee(PSDRC). The legal status of the PSDRC appointed by the recommendation of the Parliament, President and the Supreme Court, is an independent administrative committee, a decision making agency. The task of the PSDRC is the nomination of board trustees from a temporary status to a permanent one at private schools. In Korea, if a board trustees of a private school fails to fill a vacancy in the directorate, and therefore, is deemed incapable of running the school properly, the Ministry of Education, Science and Technology can dispatch Government nominated (Temporary) trustees to form a temporary board trustees and run the school. For the normative normalization it is important that the man who is willing to nurture sound citizens and realizes the ideology of hongikingan (meaning “broadly benefiting all-mankind”) should become the new director of the school foundation. But the PSDRC set Criteria which gives former trustees the right to run a school regardless of whether a resolution of disputes between parties has been reached or not. In order to justify its stance, the PSDRC wrongly applied and distorted the Sangji University case(2006Da19504, May 17, 2007). The fact that the PSDRC could apply such standards and normalization principle is attributable to a lack of regulations governing private school board trustees’ normalization. So the revision of the Private School Act to improve the public character of the private school, is necessary. Persons with high ethical standards and credibility, who are capable of running the school within the spirit of educational laws and school missions, should be nominated as permanent trustees. As such, a normalization of private institutions and the standards thereof, and qualifications of trustees should be legislated into the Private School Act as specifically as possible. Now we must re-start education reform to promote the basic rights of students, the independence of the schools and university autonomy.