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A Study on Conflicts Cases in Local Educational Autonomy and Measures for the Expansion of Autonomous Adminitrative Authority

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2026, 14(1), pp.699~720
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : December 26, 2025
  • Accepted : February 23, 2026
  • Published : February 28, 2026

Noe, Sang-Ouk 1

1중부대학교

Accredited

ABSTRACT

It is evident that the current system of local educational autonomy has been the subject of conflicts and controversies among various groups. These tensions stem, in part, from the fact that the system was hastily established under a rushed administrative process. Given that once established, such a system wields considerable influence and produces long-term effects, it is essential to conduct thorough discussions prior to its implementation. This includes accurately predicting the practical outcomes of the system and establishing mechanisms to prevent potential issues, thereby ensuring the stable and effective institutionalization of local educational autonomy. The second measure involves expanding the autonomous administrative authority through the adjustment of superintendents' powers and the clarification of local educational administrative tasks. This begins with aligning the superintendents' authority with their representative role, which requires abolishing the provision in Article 12, Paragraph 4 of the Special Act on Local Decentralization and the Reorganization of Local Administrative Systemswhich stipulates that the implementation of educational autonomy is to be separately defined by lawand undertaking a comprehensive revision of the Ministry of Education's various ordinances and guidelines. In addition, the authority of superintendents elected through direct popular vote should be enhanced by granting them general personnel authority. Furthermore, by implementing long-term legislative measures to convert delegated tasks from the Ministry of Education into statutorily entrusted affairs, it becomes possible to gradually resolve the conflicts arising from the ambiguity in the allocation of authority between the Minister of Education and provincial superintendents, which is a prominent issue under the current education-related statutes. In this regard, it is worth considering, as in Japan, defining educational affairs primarily as inherent responsibilities of local governments, while designating specific tasks that are difficult for local governments to perform under their own capacity as statutorily entrusted affairs of the state.

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