교원소청의 청구이익에 관한 검토

Abstract

Under the Teacher Status Act, the teacher appeal review system is a special legal system that can function very importantly as a pre-trial remedy for teachers' educational activities and illegal infringement of rights and interests. In order for the Faculty Appeal Review Committee to fulfill its legal and institutional functions, it is natural that teachers must have high reliability and utilization of the system. However, if teachers are not aware of the necessity of such a system, and they become distrustful, there will be no purpose for the system to exist. Therefore, in order to enhance the necessity and function of the teacher appeal review system, the general reason for existence of the system, the benefits of claims in administrative trials, administrative litigation, and constitutional complaints were reviewed, and the hearing, scope, and deliberation laws of the teacher appeal review committee were briefly reviewed. In particular, the expansion of the subjectivity of the teacher appeal is very consistent with the purpose of the existence of the teacher appeal system, the protection of teachers' educational activities, and the protection of teaching rights. Next, the Teachers' Appeal Review Committee plans to expand the scope of the claimed profits. Given that the disposition, which is the subject of administrative disputes, is expanding to general dispositions and that the subject is gradually expanding, it is necessary to expand the eligibility of claimants and claim profits to aspects of economic interests, not just power alone and power factual actions. The third is the expansion of the legal principles for hearing. In other words, it is a plan to expand the legal principles for reviewing discretionary power at the Faculty Appeal Review Committee. If the scope of the recognition of discretion is expanded beyond the logic of simple discretionary rights and the law on the deviation and abuse of discretionary power can be applied, the purpose of the existence of the teacher appeal review system can be greatly improved. In other words, I think that it will be a very useful and convenient relief system for teachers even if the target of teacher appeal is expanded.