대학자치와 인사행정상의 부패방지방안

Abstract

The Constitution recognizes university autonomy to practically guarantee academic freedom. University autonomy means that universities autonomously decide and execute university issues without external influence and take responsibility for the results.
 National and public universities and private universities, within the scope of not violating the Constitution, the Higher Education Act, the Education Public Officials Act, the Disciplinary Order for Education Officials, and the Private School Act, the University Faculty Personnel Regulations, University Faculty Disciplinary Regulations, University Faculty Promotion Regulations, University Faculty Reappointment Regulations, The Articles of Incorporation, etc. are regulated autonomously, and new recruitment, reappointment, promotion, dismissal, and disciplinary actions are reviewed by the University Personnel Committee, the Faculty Personnel Committee, and the Faculty Disciplinary Committee in accordance with the faculty personnel related regulations. Personnel authority and disciplinary authority have been conducting personnel administration at their discretion. In particular, university personnel administration is understood as a lawful disposition, not judged as a deviation or abuse of discretion, unless it significantly loses its validity from a socially accepted point of view.
 Despite the fact that fairness, objectivity, and integrity are more required in the faculty personnel department, the sacred university that seeks truth demands money and valuables while hiring new teachers, solicits or arranges professor appointments, or delays, academic ties, or Personnel corruption is constantly occurring due to collusion in hiring relationships due to blood ties, abuse of power, bribery, embezzlement, intentional deception, fraud, and non-compliance with personnel regulations.
 In the case where the Ministry of Education has conducted a comprehensive audit when personnel corruption at a specific university has become a social problem, most of them are given a 'Warning' or 'Caution' despite the fact that the personnel corruption was revealed. In addition, even though the sentencing for personnel corruption by teachers is a matter of severe punishment, they are disposing of light punishment without objective reasons for mitigating.
 Therefore, after examining the concept, legal nature, content and limitations of university autonomy, the direction for preventing corruption in university personnel administration is presented. In particular, from the viewpoint of ensuring university autonomy under the Constitution, the direction of enactment of the Anti-Corruption Act on personnel administration of university faculty, rationalization of the Conflict of Interest Prevention Act, strengthening of university self-audit functions, establishment of good governance in personnel administration, rationalization of anti-corruption policies, and mandatory education on integrity and ethics, and discusses the mandatory use of the personnel management system.