DAU Library

학위논문 동서

私立學校 敎員의 法的地位

전희두

부산 : 동아대학교 1993

83 p ; 27 cm.

학위논문(석사)-- 동아대학교 대학원 : 법학과, `94년2월

참고문헌: p. 80-81 / 영문초록 : Regarding private school teacher's social position system, of the two opinions on whether to consider its legal characteristics as a matter of private statute or a matter of public statute, the court adhere their view about private school teacher's position to private statute related because the person who has an appointing power for private school teacher is the educational foundation which is private body corporate. However it is necessary to review separately related laws such as Education Law and Law of Private School to stipulate the characteristics of private school teacher's position. The Education Law which can be said as a fundamental law of education defines all the schools including private school as national public institutions. And based on this, the Law of Private School stress its public matters more than its independence due to its public function which is private school's accomplishment of educational duty. This is actual status. Furthermore as the Law of Private School follows the regulations of the Rules for the Public Educational Teacher and Staff Act and the National Public Service Law in the matters of social position guarantee and disciplinary procedure and the Law of Private School stipulates that role, qualification, public service, etc. of private school teacher are equal with those of national/public school teacher, difference in social position between the two can not be found out at all after they are appointed as school teacher. In addition, {Special Law for Improvement of Teachers' Social Position} legistrated as Law No. 4676, on May 3, 1991 makes it possible that private school teacher like public school teacher can also apply for a new trial to {New Trial Committee for Disaplining Teachers} in case of disobedience against disciplinary punishment. It means that the law stipulates, in terms of Actual Law also, social position of private/public school teacher equally. From this point of view, the position of court up to now that they take the social position of private school teacher as a contractual relationship in private statute because the person who appoints them is an educational foundation should be reviewed again inevitably. That's because acts of a nation can not be all public matters but they can be private matters and an peducational foundation's acts are not always in the matter of private law but public acts can be possible in its function like the case that even a private person can be an executive organization when national public duty is entrusted to him. Especially educational teacher are qualified to accomplish national duty of education and law guarantee their social position equal to national/public school teacher and therefore legal relationship between educational teacher and educational foundation should be considered as public legal relation. Then, as the educational foundation holds the position of public legal organization in the matter of private school teacher's social position, we can consider it as an "administrative office" stipulated at Articl 2, Administrative Litigation Law and private school teacher can raise an administrative suit against the educational foundation as defendant. Like this making the educational foundation rather than administrative judgement organization the defendant directly can avoid procedural complexity and save time and there will be other advantages.

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