Since the Education Act enacted in December 1949, provincial
education autonomy, which has significant significance as the found
ation of the nation's educational administration system, has shown
serious conflicts at the time of its introduction and l...
Since the Education Act enacted in December 1949, provincial
education autonomy, which has significant significance as the found
ation of the nation's educational administration system, has shown
serious conflicts at the time of its introduction and later implementa
tion. Although practical provincial education autonomy has been in
effect since June 1991, conflicts and legal disputes have continued
mainly concerning the principle of provincial education autonomy, the
election system of education committees and superintendents, decentra
lization of education, relations with local autonomy, and major issues
of provincial education finances. Accordingly, the Constitutional Court
and the court are influencing provincial education autonomy as interpr
etative participants in education policies.
However, no comprehensive analysis of cases related to provincial education autonomy has been conducted. In particular, Research that
comprehensively analyzes precedents including constitutional and legal
judgments and reasons related to provincial education autonomy is the
necessity of deriving constitutional and legal standards for the
unclear concept, scope, and authority of provincial education autonomy
that cause legal disputes. The need to discuss provincial education
autonomy in consideration of constitutional and legal standards rather
than interests, the impact of the two institutions in the past on
provincial education autonomy, the need to predict possible legal
disputes in the future, and critically analyze the judgments of the two
institutions. It is necessary when comprehensively considering nece
ssity, etc.
Therefore, this study has two main purposes. First, the purpose of
the analysis is to identify the trends and characteristics of past
lawsuits and appeals related to provincial education autonomy over the
past 30 years since the implementation of provincial education autonomy
by the Constitutional Court and courts from 1991 to 2020. Second, the
purpose of the study is to analyze the Constitutional Court and the
court's judgment on the major issues analyzed in this study, and to
constitutionally and legally review the details of the major issues of
provincial education based on the Constitutional Court and the court's
judgment. The results of this study, which is a comprehensive analysis
of the Constitutional Court and court cases, are expected to be used as
data to propose constitutional and legally appropriate directions in
the revision of laws related to changes in provincial education aut
onomy.
There are two main research problems. First, after 1991, what are the general trends and characteristics of provincial education autonomy
related precedents by the Constitutional Court and courts? Second, what
are the case contents, core issues, judgment results and reasons of the
case law on the major issues of provincial education autonomy since
1991, and reviewed detailed issues for each major issue based on the
judgment of the Constitutional Court and the court on the major issues.
What is the result?
The research method of this study is a literature study, based on
major issues by period, claimant (plaintiff), case type, and decision
type (sentence type) to analyze trends and characteristics by period of
the Constitutional Court and court precedents' in detail. Quantitative
content analysis was used, and qualitative content analysis was used
for the analysis of 'Constitutional Court and Court's judgment on major
issues'. To this end, 160 cases of constitutional court precedents and
259 cases of court precedents were systematically collected and
selected through two criteria and five key words. In particular, this
study is based on the conflict pattern since 1991, the period of stable
implementation of provincial education autonomy every 10 years (the
first period), the introduction period of the integrated education
committee and the superintendent's direct residents system (the second
period), abolition of the Board of Education and the election of the
elected superintendent of education(the third period). The analysis was
based on the three period divisions of the period.
The main findings of this study are: To summarize the main conseq
uences of the Constitutional Court and the court's case trends and
timing characteristics, first, the overall number of Constitutional
Court cases increased sharply from the second period, while the number of court cases did not increase sharply at any given time. Second, both
the Constitutional Court and the court showed the highest frequency of
cases related to administrative activities by the superintendent of edu
cation than cases related to major issues. Third, the proportion of
cases related to the election system was the highest among major issues
in the Constitutional Court and court cases. The Constitutional Court
mainly judged on the unconstitutional elements of the election system,
while the court judged on cases related to election crimes. Fourth, the
number of cases related to educational decentralization increased sha
rply in the third period. The main reason for this result can be seen
as the influence and status of the superintendent of education due to
the direct election system of the superintendent of education, which be
gan in the third period. Fifth, the number of cases related to the rel
ationship with the local autonomy and provincial education finance was
generally low. In particular, it can be seen as an unusual result,
considering the conflict related to the relationship with the local
autonomy that occurred during the implementation of provincial educa
tion autonomy. In summary, among the major issues in the implementation
of provincial education autonomy over the past 30 years, requests for
adjudication and lawsuits regarding the election system and decen
tralization of education have mainly been filed. Relatively There were
relatively few requests for trials and lawsuits for relations with
local autonomy and provincial education finances.
To summarize the major consequences of the Constitutional Court and
the court's judgment on major issues, first, in cases related to the
principle of provincial education autonomy, the Constitutional Court
presented the constitutional essence of provincial education autonomy, and emphasized the balance of these elements. In addition, the princ
iple of independence, professionalism, and political neutrality of
education was determined to ensure the formation and implementation of
education policies by educators and education experts to protect
education from outside influences such as politics. Second, in cases
related to the election system, the Constitutional Court emphasized the
guarantee of students' right to receive education and the selection
system to protect education from the negative effects of politics, and
determined that the system properly reflected the balance of cons
titutional essence. Third, in cases related to decentralization of
education, courts are responsible for the need for unified nationwide
processing. Standards for classifying educational affairs, such as
expenses burden and responsible attribution entity, were presented.
Fourth, in the case law related to the relationship with local
autonomy, the Constitutional Court and the court both decided that the
superintendent of education and the head of a local government could
not legally argue as the same subject of rights. Fifth, in cases rela
ted to provincial education finance, the Constitutional Court judged
that provincial education finances need to reduce dependence on the
central government and strengthen independence in order to realize full
provincial education autonomy.
In conclusion, the Constitutional Court and the courts were influ
encing provincial education autonomy by clearly presenting ambiguous
concepts, scope, and authority, especially on the election system and
educational decentralization, but the standards and directions presen
ted by the two agencies were not properly reflected. provincial
education authorities, such as strengthening political influence in education due to the controversial direct election system of education
superintendents, the abolition of the education committee as a voting
institution, and low degree of independence in provincial education
finance, have failed to realize most of the constitutional and legal
standards and directions. Therefore, it is necessary to seek an ins
titutional alternative that appropriately reflects the constitutional
and legal standards and directions for provincial education autonomy
and the specificity of education. To this end, this study aims to
establish the provincial education autonomy system that reflects the
constitutional essence in a balanced manner, weaken political influence
in the implementation process of the residents' direct election system,
gradually introduce a limited residents' direct election system, block
candidates' electoral crimes, legislate to clear standards on the aut
hority of the superintendent of education and the Minister of Ed
ucation, stop attempts to integrate provincial education autonomy by
local autonomy, and expand the independence of provincial education
finances.