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A Constitutional Approach on Education Autonomy and Competence Distribution Between State and Local Government in Education

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 46(), pp.491-514
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

PILWOON JUNG 1

1연세대학교

Accredited

ABSTRACT

This is a study on what the education autonomy is and what the constitutional basis of education autonomy is, and what the local education autonomy is and what the constitutional basis of local education autonomy is, and what the principle of competence distribution between state and local government in education. An outline of this study is as follows : According to the result of this study, education autonomy is the term which secures a self-determination without outside interference for achieving a education's goal. Education autonomy is based on the independence of education in Article 31 Clause 4 of the Constitution of Republic of Korea(ROK). Local education autonomy is the unit of local autonomy and education autonomy. Two terms are not linked inevitably, but legislator of Korea links local autonomy and education autonomy. So local education autonomy is based on Article 31 Clause 4 and local autonomy of Article 117 and Article 118 of ROK. Finally, I assert that the Principle of Subsidiarity is not a principle of competence distribution between state and local government in education in this article. These conclusions help us to discuss more effectively based on the constitution hermeneutics when we design a local education autonomy system

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