‘교원으로서 강사’의 법적 지위 검토 - 정부 제출(2011.3.25)「고등교육법 일부개정법률안」을 중심으로 -

Abstract

The Purpose of this study is to investigate the problems and the limitations of the legal status of the part-time faculty for higher education, newly proposed by the government(the Ministry of Education and Science, 2011.3.25), submitting the amendments of the ⌜Higher Education Law⌟ to the National Assembly. To obtain the purpose, based on the methods of literature review, the followings are carried out. First, to contemplate the legal guarantee of a teacher's status on constitutional principle. Second, to investigate the changes of the legal status of the part-time faculty according to the changes of the laws related. Third, to analyze the contents and characteristics of the amendments of the ⌜Higher Education Law⌟ and, to evaluate the amendments of the ⌜Higher Education Law⌟. The results of this study conclude it is highly possible that the government's amendments could violate the constitution against the principle of the legal guarantee of a teacher's status, based on the article 31, paragraph 6. Although the government tries to improve the legal status of part-time faculty, its amendments fails to secure the right status for the part-time faculty as teacher, who possesses the right of economic and non-economic status permitted by laws, ⌜Educational Public Servants Law⌟, ⌜Private Schools Law⌟ etc.. Finally, this study suggests that it could be more rational, considering the working conditions of the part-time faculty, that the government would submit a special law to improve their legal status or to suggest a new system for a different kind of teacher with different legal status even in the ⌜Higher Education Law⌟.