사립학교 교원의 권리구제 효율화 방안

Abstract

Education is the key responsibility to carry out the state because the achievement of education is the most important factor in determining the future of the country. Therefore, the status of teachers in charge of education should be guaranteed, and the educational activities of teachers should be protected and respected. And if the status and authority of the teacher are violated illegally, the authority must be protected and respected promptly and accurately. Under the current law, if a request for a petition is filed by the Teachers' Appeals Review Committee or if it is dissatisfied with the decision of the petition, the administrative litigation may be filed and remedied by the defendant, and the legal relationship of the private school teachers may be remedied through civil litigation. However, there are cases where the right to dispose of is not able to promptly and accurately remedy the right by neglecting the decision of appeal or filing an administrative lawsuit against the decision. Therefore, in order to secure the effectiveness of the decision of the appeal examination and to expand the right remedy, the objectivity of the appeal examination request should be expanded, the legitimacy of the disposition should be secured, the right of disposition should be prevented from abusing or being neglected, the implementation of the appeal examination decision should be enforced, and further punishment should be applied effectively. In addition, if the compensation through civil litigation becomes an issue, it will be possible to introduce a mediation system to promote rapid and economic rights relief. These teachers' rights relief is not only effective because the law and system are revised and newly introduced. Based on the importance of education, the right to dispose of the disposition should secure procedural and content legality, and in the teacher appeal examination system or litigation, it is necessary to strictly examine the disciplinary disposition or unfavorable disposition to improve the effect of legislation and system.