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Reappointment Disapproval of the University(College) Faculty and Legal Remedy

  • Public Land Law Review
  • Abbr : KPLLR
  • 2015, 69(), pp.231-269
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Jae-Ho Kim 1

1충남대학교

Accredited

ABSTRACT

The Guarantee Legal Status of the faculty’s under the constitution is that a physical-based education system and a basic requirement of guarantee status of the faculty’s shall be prescribed by act. The basic requirement contain guarantee of the faculty’s status, the faculty’s social and economic status, the faculty’s duty, and the limits of fundamental rights. That means lawmakers can create acts under the constitutional value of the independence of education and autonomy of institutions of higher learning that how to carry out the promotion of learning, the realization right to education. Therefore, the lawmakers legalized the Reappointment system of university faculty rather than the age-limit system. the Reappointment system have specified that the constitution value of guarantee legal status of the faculty’s to become a administrative law system. this Legislative choice should make a case that to be in accordance with principle of constitutional state. There is requirement a legislative task that need to define the rejection criteria of reappointment, the legal requirement of reappointment, and the preliminary administrative procedure and subsequent remedial measures. That is to say there are strained relations between the guarantee legal status of the faculty’s and the reappointment system. and they form opposition relations between the guarantee of faculty’s social and economic status and the promotion of learning, the realization right to education. Finally if we admit that the two parts should be develop harmoniously with the ethics and the ideology of social community, there are legal issues in administrative relationships between a state and an appointment authority holder whether and how to legislate the reappointment system, to make the range of legal limit of that.

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