과학기술특성화대학 부설 영재학교 교원노조의단체교섭권에 대한 법적 쟁점과 개선방안:한국과학영재학교(KSA) 사례를 중심으로

다국어 초록 (Multilingual Abstract)

This study examines how the collective bargaining rights of the teachers’ union at the Korea Science Academy of KAIST (KSA), affiliated with the Korea Advanced Institute of Science and Technology (KAIST) under the jurisdiction of the Ministry of Science and ICT, are situated in a legal blind spot within the current legal system, and it proposes legal and institutional reforms to address this issue. KSA is not subject to the Elementary and Secondary Education Act, and its teachers are appointed under the Gifted Education Promotion Act and KAIST’s internal regulations. Due to this unique status, KSA teachers are not clearly included in the definition of “teacher” under the current Teachers’ Union Act, and as a result, their right to collective bargaining is not legally guaranteed even if they form a union. In February 2025, the Seoul Central District Court dismissed an injunction filed by the KSA teachers’ union to compel collective bargaining, citing their exclusion from the scope of the Teachers’ Union Act. This case highlights not only the challenges faced by a single school but also the broader institutional gaps and infringements of teachers’ rights that may arise in various types of special legal entity-affiliated schools and gifted education institutions. Accordingly, this study proposes legal and policy measures, including amendments to Articles 2 and 6 of the Teachers’ Union Act to broaden the definition of teachers and clarify bargaining counterparts, strengthening systematic linkages with the Gifted Education Promotion Act, and ensuring consistency in authoritative interpretations among relevant ministries. Through these proposals, the study emphasizes the necessity of substantial policy and legislative responses to guarantee the fundamental labor rights of teachers working at educational institutions with a similarly unique status to KSA.