이 연구는 학교자치조례에 관한 입법정신과 입법현황을 규명하고, 이에 근거하여학교자치조례의 입법분쟁을 분석한 것이다. 이를 위해서 국내외 학교자치관련 선행연구물을 통해 학교자치를 개념화하고 공법학계 및 교육법학계의 논의를 통해 학교자치조례의 입법정신을 헌법 제31조 제4항의 교육조리와의 관계성, 제117조 제1항의 지방자치와 연관된 교육분권과의 관계성 등을 통해 규명해 보았다. 그리고 학교자치 관련법제화 현황은 교육기본법, 초‧중등교육법 및 시행령, 그리고 학교자치와 관련된 각시‧도 조례 중심으로 살펴보았다. 입법쟁점은 「광주광역시 학교자치에 관한 조례」 와 「전라북도 학교자치 조례」를 둘러싼 교육부와 시‧도의회 간 입법 분쟁을 중심으로 분석하였다. 결론으로 학교자치에 관한 입법정신에 비추어 조례의 형식적·내용적적정성을 진단하고, 학교자치 관련 법령의 개정 방안을 제시했다.
The purpose of this study is to identify the spirit of the legislation and the legislative status regarding ordinance of school autonomy. Based on this analysis legislative issues in the dispute, it proposes tasks of legislation. Article composed of five chapters; introduction about problem situation and research framework, the need for school autonomy and the concept of it, the origins of the spirit of the constitution of it, status of school autonomy legislation and legislative dispute analysis, conclusion and tasks of legislation. In Article, school autonomy means that parties concerned in education independently decide educational plan and organization and operate it with a responsibility. This autonomy is one of the basic principle of Educational law and 'Reason in education'. Also it means the completion of local autonomy in education. And it is based on the Article31④(Independence……of education…are guaranteed under the conditions as prescribed by law.) and Article117①(Local Autonomy; Local governments shall deal with administrative matters pertaining to the welfare of local residents, manage properties, and may enact provisions relating to local autonomy, within the limit of Acts and subordinate statutes.) of the Constitution. As a conclusion, this article suggested the tasks about it. Based on the spirit of the Constitution it need to analyze about the legislative dispute, and proposed legal maintenance for school autonomy legislation. Finally, we emphasized that the effort to raise awareness of the law is necessary.
The purpose of this study is to identify the spirit of the legislation and the legislative status regarding ordinance of school autonomy. Based on this analysis legislative issues in the dispute, it proposes tasks of legislation. Article composed of five chapters; introduction about problem situation and research framework, the need for school autonomy and the concept of it, the origins of the spirit of the constitution of it, status of school autonomy legislation and legislative dispute analysis, conclusion and tasks of legislation. In Article, school autonomy means that parties concerned in education independently decide educational plan and organization and operate it with a responsibility. This autonomy is one of the basic principle of Educational law and 'Reason in education'. Also it means the completion of local autonomy in education. And it is based on the Article31④(Independence……of education…are guaranteed under the conditions as prescribed by law.) and Article117①(Local Autonomy; Local governments shall deal with administrative matters pertaining to the welfare of local residents, manage properties, and may enact provisions relating to local autonomy, within the limit of Acts and subordinate statutes.) of the Constitution. As a conclusion, this article suggested the tasks about it. Based on the spirit of the Constitution it need to analyze about the legislative dispute, and proposed legal maintenance for school autonomy legislation. Finally, we emphasized that the effort to raise awareness of the law is necessary.
