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The Status of Faculties and the Autonomy of University in Accordance with the Change of University

  • Cross-Cultural Studies
  • 2020, 60(), pp.157-192
  • DOI : 10.21049/ccs.2020.60..157
  • Publisher : Center for Cross Culture Studies
  • Research Area : Humanities > Literature
  • Received : August 10, 2020
  • Accepted : September 14, 2020
  • Published : September 30, 2020

Yunho Seo 1,  CHUN, YUN-KU 2

1건국대학교
2경기대학교

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ABSTRACT

With the phenomenon of university corporatization, university restructuring in our current society is in full swing and the internal division of university faculties is being advanced. Until now, the status of university faculties has been governed by education-related laws such as the private school law and higher education law. However, these laws were legislated at a time when Korean higher education institutions were on the path of continuous growth, so they are unsuitable for the current university situation, entering the period of university restructuring. Conventionally, the labor law has neglected the regulation of university faculties, while entrusting its legislative reform to the educational laws. As a result, the protection of university faculties during university restructuring is becoming significantly weaker than that of ordinary workers. Thus, to support or promote university restructuring, which is inevitable in response to the university restructuring accompanied by a decrease in the school-age population, conversely, it is in the field of labor law necessary to actively include university faculties that face university restructuring as the objects of protection. At the same time, conversely, the legislative alternatives and disciplines suitable for university restructuring are being requested in education-related laws such as the private school law and higher education law. It is necessary to examine the proposal for legislative improvement classified into liquidation-type university restructuring and survival-type university restructuring. For universities that are expected to encounter difficulty in normal management because of the accumulation of shortages regardless of misconduct, it is necessary to ensure that the corporate dissolution incentives and the dismissal compensation for university faculties are balanced so that the university can be closed in an orderly manner wherein pain is shared fairly. To this end, various legislative supports must be sought, and the most crucial imperative is to quickly establish a social safety net for university faculties. At the same time, in the survival-type university restructuring that has a strong effect on the existence of universities and departments and the personal lives of university members, it is necessary for the university members to advocate the right to participate in the decision-making process and procedures of the university headquarters to properly reflect their intentions. In particular, it is crucial to ensure that the university members actively participate in democratic decision-making in the course of department integration and abolition.

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This paper was written with support from the National Research Foundation of Korea.
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