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Strategies and Tasks of Education Law - Focused on Local Education Autonomy Legislation -

  • DONG-A LAW REVIEW
  • 2019, (82), pp.101-132
  • DOI : 10.31839/DALR.2019.02.82.101
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : January 14, 2019
  • Accepted : February 11, 2019
  • Published : February 28, 2019

Ha, Yun Su 1

1부산교육대학교

Accredited

ABSTRACT

The purpose of this study is to review the argument and the structure of the debate of Moon Jae-in government as their national task on the direction of the legal reform for the expansion of the local educational autonomy along with the expansion of the local autonomy. For this purpose, researcher examined debates of the constitutional background on the law related to the local educational autonomy and the conflict cases between central and local government. Above all, the Constitutional grounds for local autonomy should be viewed as Article 31 (4) of the Constitution. It is suggested that the distribution of the work of the Ministry of Education and local offices of Education under the principle that the State is responsible for the formation and enforcement of the overall education system in order to guarantee the right of the people to receive equal education under the 「Constitution」 and 「Basic Education Law」. The present study examines the current structure and status of the debate and revision of the legislative system related to local autonomy and proposes the directions and issues for the revision of the legislation. The local education self-governing provisions appearing in the Act on the Establishment and Maintenance of Relevant Laws for the Mass Transfer of Local Authorities and Administrative Offices, which are promoted on the autonomy of the presidency belonging to the President, It is suggested that a systematic review of legislative measures for the improvement of local education autonomy system, such as the coordination of central - local educational institutions, which is the current problem, is needed. Article on the local educational autonomy on the 「Law on the Transferring Central Administrative Autonomy and Work to the Local Government」 is just a summarize of the previous government’s agreement, therefore it is suggested that systematic review of legislative measures for improvement of local education autonomy system such as coordination of central - local education autonomous institutions conflict which is a current problem. Ministry's authority should not be fully transferred to the local educational offices and it should be the baseline regarding the 「Special Act on Local Decentralization of Kindergarten, Primary, and Secondary Education" pursued by the Ministry of Education and Committee of the Metropolitan‧Provincial Superintendent of Education. The researcher also suggested to consider the systemization of the independent council of the city and provincial council for the amendment of the relevant law on the promotion of the decentralization of education pursued by the Korean Educational Development Institute (KEDI), and also it needs to be reconsidered to draft regulations on the opinion submission of the upper legislation. The end of educational autonomy should be the school. In addition to the central - local horizontal authority distribution, central - local – each school should also take account of the responsibilities and ultimately, a legislative system should be set up to strengthen the autonomous operation of each school.

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