대학교원의 신분보장 - 사립대학교 교원임용제도와 관련하여 - / 임재홍

[국문 주제어]

사립대학교원, 재임용제도, 대학자치, 교육공무원법

The Status Guarantee of the Faculty
- Especially around faculty reappointment system of private schools -

University as a system has introduced over 60 years and now it comes in common education, but the problems are yet considerably. Especially the status guarantee of faculty of private schools is the representative thing.

After the introduction of the faculty reappointment system since 1974, many university teachers are driven out from education field in spite of the fact that they satisfied the required conditions. The reason is that the faculty reappointment system was continuous with the university control. As a result of democratization, effort to improve the system was made. The Constitutional Court performed an important role. The Constitutional Court did not rule the system unconstitutional, but decided that the system was not in accord with the Constitution. So the Private Schools Act and the relation act were revised.

But with the neo-liberalistic higher education policy and the incomplete democratization, the status of school faculty becomes unstable. Despite of the effort, the Supreme Court didn't change the judicial precedent. What is worse, the Constitutional Court has recognized the distorted the judicial precedent. The Revision of the Act for the Public Educational Personnel and Staff is necessary for the principle of legality of the status of the teaching staff.

The university autonomy is guaranteed by a constitutional institution. The faculty is the leading composition group of university autonomy. So the status guarantee of the faculty is the prerequisite of professor autonomy. For the establishment of educational authority the Status Guarantee of the faculty must become accomplished legally.

[Key Words]

private schools faculty, faculty reappointment system, university autonomy, Act for the Public Educational Personnel and Staff